Terms of Use

Effective Date: This Terms (this “Terms of Service”) is effective and were last updated as of February 10, 2022.

Rankbypopularity.com (RBP) is a social site and platform that provides a narrow variety of lists some selected subjects with a potential to expand as user interest increases for entertainment purposes and social engagement. We continue to build our database with the help of users like you. Every user is able to utilize the site as a "software-as-a-service" to fulfill their personal social and entertainment needs. The ranking system is computer generated and is human proof meaning that humans, even us will have extreme difficulty trying to manipulate the public votes on each of the list items.

Please read these Terms of Service ("Terms") carefully as they govern your access to and use of the services on the Website (collectively, the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services, including Lists, User Content, RBP Content and User-Generated Lists (collectively referred to as "Content"). Services include all aspects of the Website, including but not limited to all products, software and services offered via the Website, such as the Widget, uploaders and other applications. Your access to and use of the Services is predicated on the assumption of your acceptance of and compliance with these Terms. By accessing this website or using the services, software and webpages found thereon you agree to be bound by these Terms.

Ownership of Content
User Content. Except as otherwise provided for herein, you own all content you submit to the Website and/or Services, including but not limited to profile information, reviews, images, messages, and any other materials, including a User-Generated List ("User Content"). By submitting User Content you hereby irrevocably grant RankByPopularity a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to Use User Content for any purpose and in any media now existing or in the future. Notwithstanding the foregoing, you grant RankByPopularity an exclusive, perpetual license to Use any User Content that is your contribution to a User-Generated List. As used herein, a “User-Generated List” is List submitted by you to the Service.

You also irrevocably grant the Users of the Services and third party websites, mobile applications, Publishers and other platforms that have obtained User Content from RankByPopularity.com ("Third Party Properties") the same right you have granted to RankByPopularity.com herein to Use the User Content in connection with their use of the Services. As used herein, the right to “Use” means the right to, copy, display, perform, digitally perform, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works of, and , allow others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User Content brought against RankerByPopularity, any Third Party Properties and our and their users.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with any User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize RankByPopularity.com to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any and all such User Content to enable inclusion and Use of the User Content in the manner contemplated by these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name, voice or likeness of each and every such identifiable individual person to enable inclusion and Use of the User Content in the manner contemplated by these Terms.

We may use, post or refuse to post, disable from view, remove or reinstate any Content (including User Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any User Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any User Content to you under any circumstances.

RankByPopularity.Com Content. We are the sole and exclusive copyright owners of the Website and Services, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Website and Services excluding Your Content and third party content (collectively, the "RBP Content"). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Website, Services and RBP Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of RBP Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Website, Services, RBP Content or RBP's IP Rights.

Content on the Website and Service is provided to all Users AS-IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of RBP. RBP reserves all rights not expressly granted in and to the Website, the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

Content Disclaimer
You understand that when using the Services you will be exposed to Content from a variety of sources, and that RBP is not responsible for the accuracy or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RBP with respect thereto. RBP does not endorse any Content or any opinion, recommendation, or advice expressed therein, and RBP expressly disclaims any and all liability in connection with Content.

Your Obligations in Using the Services
The Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website or Services:

In submitting User Content to us, you represent that:

With regard to User Content that are images, you agree that at least one of the following is met:

Lastly, you agree that any of User Content submitted to us will not:

Termination; Cancellation
We may immediately terminate or suspend your access to the Services and remove any material (including User Content) from the Website or our servers, in the event that you breach these Terms. Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Ranker is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Ranker will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

You may terminate your Account at any time and for any reason. Upon any termination by a Member, the related Account will no longer be accessible.

Any suspension, termination or cancellation will not affect your obligations to RBP under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Third-Party Links
The Website and Service may contain links to third party websites that are not owned or controlled by RBP. RBP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RBP will not and cannot censor or edit the content of any third-party site. By visiting the Website and/or using the Service, you expressly relieve Ranker from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

RBP uses YouTube links on its lists. Please see YouTube terms of service found here for more information on YouTube's policies.

Copyright
If you believe that any content has been posted on the Service, Website or Widget in a manner that constitutes copyright infringement, please notify RBP by providing its designated Copyright Agent with the written information specified below:

RBP's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By email: [email protected]

Content Policy
The purpose of this section is to make clear what we consider to be acceptable use of RankByPopularity.com.

If you are found to be in violation of any of the policies listed below, your account will be frozen and you will be notified via email when possible. Unless you explain or correct your behavior within 48 hours, your account will be suspended. Though our goal is to work with you to ensure an equitable outcome in all cases, we reserve the right to immediately suspend, without notice, any content, account, or IP address which we determine to be illegal, spam, systematically generated, or potentially damaging to our service or infrastructure.

When your account is suspended, public access to your content is blocked. Access to your Ranker account and the ability to add/edit posts will also be disabled.

Ranker is not intended to be an all-purpose content aggregator. Users who import or aggregate content that is unrelated to the purpose of the Website will be subject to suspension.

Although the use of copyrighted material does not necessarily constitute infringement, as a rule users should exercise caution when using copyrighted content without the permission of the content owner. It is Ranker policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").

Accounts that use Ranker's Video/Photograph upload feature to upload and host sexually explicit or pornographic material will be suspended.

Users that publish content that is not meaningful or relevant, use deceptive means to generate revenue or traffic, or post primarily for the purpose of affiliate marketing, will be subject to suspension.

The appropriation and use of the identity of another person are not permitted. Users may not post other people's personally identifying or confidential information. You may not post information such as other people's credit card numbers, Social Security Numbers, driver's and/or other license numbers, passwords, usernames, phone numbers, addresses and email addresses.

Hate speech and other objectionable content that is unlawful, defamatory, and fraudulent are not allowed on RBP. Though an allegation of defamatory expression, in and of itself, does not establish defamation, as the truth or falsehood of an expression is a necessary element in establishing defamation, therefore, as we are not in a position to make that sort of fact-based judgment, we will remove any statement that we have reason to believe could be defamatory.

RBP may not be used for illegal purposes. Examples of this include using RBP for deceptive or fraudulent purposes.

We will terminate accounts and block access of individuals who attempt unauthorized use of RankByPopularity.com.

Accounts that are registered automatically or systematically will be removed and access will be permanently suspended.

Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. RANKBYPOPULARITY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SERVICES, AND CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. RANKBYPOPULARITY.COM DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.

RBP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE, SERVICE OR CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR SERVICE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE, AND/OR (VI) OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RBP, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT WILL RBP, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICES, AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT RANKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL RANKER'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.

Modification of Terms
RBP reserves the right, in its sole discretion, at any time to modify, discontinue or terminate any aspect of the Website or Services, or modify these Terms without notice. RBP may also impose limits on certain features and services or restrict your access to parts or the entire Website or Service without notice or liability at any time in RBP's sole discretion, without prejudice to any legal or equitable remedies available to RBP, for any reason or purpose, including, but not limited to, conduct that RBP believes violates these Terms or other policies or guidelines posted on the Website or conduct which RBP believes is harmful to it, the Website, the Service, or others. All modified terms and conditions will be effective when posted on the Website (unless a longer notice period is required by applicable law). If any modified Terms are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Services after RBP makes any such modification, you agree to be bound by the revised Terms.

General
You agree that: (i) the Website and Service shall be deemed solely based in Georgia; and (ii) the Website and Service shall be deemed a passive website that does not give rise to personal jurisdiction over RBP, either specific or general, in jurisdictions other than Georgia. These Terms shall be governed by and interpreted in accordance with the laws of the State of Georgia excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in Roswell, Georgia and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. These Terms, together with the Privacy Policy and any other legal notices published by RBP on the Service, shall constitute the entire agreement between you and RBP concerning the Service. In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and RBP's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of RBP and any prohibited assignment will be null and void. RBP reserves all rights not expressly granted in these Terms. RBP may assign these Terms or any rights hereunder without your consent. RBP reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND RBP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.