TOPTOPIC LLC TERMS OF SERVICE
These Terms and Conditions of Service (the "Agreement") are entered into by and between the member ("you," "your" or "Member") and TopTopic LLC, a Washington State limited liability company ("TopTopic," "our," "us" or "we"). Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement:
TopTopic provides software which enables online communities to gather, create sub-communities, discuss various topics and share content electronically. You may use the Services only if you can form a binding agreement with TopTopic and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that TopTopic provides are always evolving and the form and nature of the Services that TopTopic provides may change from time to time without prior notice to you. In addition, TopTopic may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
All Content, whether publicly posted, privately posted or privately transmitted, is the sole responsibility of the person who initiated such Content. While we may monitor the Content posted via the Services, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TopTopic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
You retain your rights to any Content you submit, post, display or transmit on or through the Services. By submitting, posting, displaying or transmitting Content on or through the Services, you grant TopTopic a worldwide, non-exclusive, royalty-free, unrestricted license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for TopTopic to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with TopTopic for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by TopTopic, or other companies, organizations or individuals who partner with TopTopic, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. TopTopic will not be responsible or liable for any use of your Content by TopTopic in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of TopTopic and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the TopTopic name or any of the TopTopic trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TopTopic, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
MEMBER lICENSE TO USE SERVICES
TopTopic gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TopTopic as part of the Services. This license is for the sole purpose of enabling you to use the Services as provided by TopTopic, in accordance with these Terms.
TopTopic enables members to reward one another through the purchase, and subsequent distribution, of $uperTops.
TopTopic displays the applicable $uperTop prices on the Purchase Page on TopTopic's website and you will be charged based on the number of $uperTops that you select during the ordering process. However, prices are subject at any time to change to TopTopic's then current prices. From time to time TopTopic may offer promotional packages to entice new customers to join. Unless otherwise stated, these promotional packages are not valid for existing customers.
You agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that TopTopic relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify TopTopic whenever your personal or billing information changes, including without limitation, your name, address, credit card number and expiration date, if applicable. You agree to keep all such information current in the profile section of your online Member account (your "Online Account") located on our website at http://www.toptopic.com.
Member’s may request a refund of $uperTop purchases by contacting firstname.lastname@example.org stating the following; (a) the reason they are requesting refund; and (b) specifying which charge(s) on which date(s) Member is seeking to be refunded. TopTopic’s standard policy is to refund purchases; (a) within thirty (30) days of the purchase date; and (b) not to exceed three (3) total purchases. In certain instances, at the sole and absolute discretion of TopTopic, additional purchases may be refunded.
Refunded purchases will result in the $uperTops associated with said refund(s) being deducted from the Member to which they were originally distributed.
There is no money back guarantee for any Services unless specifically written in a special one-time promotion. There are no pro-rated refunds for unused $uperTops.
Members may earn incentives for activity within the Service. Incentives are distributed in the form of purchased $uperTops at the sole and absolute discretion of other Members. $uperTops are later exchanged for payment in United States Dollars (USD) in accordance with the terms and conditions set forth herein.
(a) Calculation of Commission Amounts. Each Member's Commission Amount will be calculated on a monthly basis and will be equal to a percentage (Member "Commission Percentage") multiplied by the Net $uperTop Purchase Amount attributable to the Member’s content for the applicable period. Member’s Commission Percentage will be fifty percent (50%), unless Member and TopTopic agree to a different Commission Percentage in a separate writing. For this purpose, "Net Sales" shall mean the gross revenues received by TopTopic from $uperTop Purchases attributable to Member ("Gross Revenues"), reduced (which may be below zero) by all chargebacks and refunds and other credits attributable to such $uperTop Purchases ("Credits"). Negative Commission Amounts resulting from Credits shall reduce subsequent positive Commission Amounts, provided that, upon a Termination, Member shall repay TopTopic the amount of any unapplied negative Commission Amounts. You agree that in calculating your Commission Amounts, TopTopic’s determination regarding the same (including without limitation use of TopTopic's log files) shall be the final and binding determination.
(b) Payments of Commission Amounts.
TopTopic will pay Member Commission Amounts on a monthly basis, on or before the 15th day of each month ("Payment Date"), provided that TopTopic will only pay Member Commission Amounts on Payment Dates on which you have accrued unpaid Commission Amounts of $20 or greater.
(ii) Payment Method.
If you choose to receive payment of Commission Amounts through direct deposit, you understand it is your responsibility to provide a valid U.S. bank account number and the related direct deposit information in the profile section of your Member account ("Online Account") located on our website at http://www.toptopic.com. Failure to provide a valid direct deposit account will cause Commission Amounts to be withheld pending receipt by TopTopic of proper direct deposit instructions. The authority granted to TopTopic by the direct deposit account owner will remain in full force and effect until TopTopic or the depository institution has received written notification from the direct deposit account owner that such authority has been revoked, but in any event, such written notification shall afford TopTopic or the depository institution a reasonable opportunity to act on such revocation.
If you fail to choose direct deposit as the desired payment option, you will receive your Commission Amount via paper check, which will be mailed out on each applicable Payment Date. Alternatively, you may choose to be paid via Paypal in accordance with the aforementioned terms and conditions of payment. Notwithstanding the foregoing, TopTopic reserves the right to change your payment method at any time.
NO EMPLOYMENT RELATIONSHIP
Member shall be deemed an independent contractor and not an employee or agent of TopTopic. Nothing contained in this Agreement shall be deemed or construed to create a partnership. Member’s relationship to TopTopic is strictly and solely that of an independent contractor, not a partnership or joint venture between Member and TopTopic or between Member and any other person or entity, and nothing contained herein shall be deemed or construed to obligate TopTopic for or on account of any debts or obligations of Member. TopTopic shall not be responsible for and shall not obtain worker's compensation, disability benefits insurance, unemployment or employment security insurance coverage for Member or its employees, agents or consultants. To the extent that any such insurance coverage, or any other type of insurance coverage, is or shall become required by law, it will be obtained by Member at its own expense. None of Member's employees, agents or consultants is eligible for, nor entitled to, and shall not participate in, any of TopTopic's pension, health or other fringe benefit plans, if any such plans exist.
This Agreement is effective upon Member's acceptance as provided above and shall continue until terminated by Member or TopTopic pursuant to this Agreement.
TERMINATION BY MEMBER
Member may terminate this Agreement at any time and for any reason by deleting their account through the Account area.
TERMINATION BY TOPTOPIC
If, in TopTopic's sole and absolute discretion, (a) a Member is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy, Commenting Policy or Posting Guidelines); (b) a Member's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, TopTopic's servers or other equipment, or the use and enjoyment of other users; (c) a Member acts in an abusive or menacing manner when dealing with TopTopic community members, TopTopic’s member support staff or any other TopTopic employees or representatives; (d) TopTopic receives an order from a court of competent jurisdiction to terminate a Member's Service; or (e) TopTopic for any reason ceases to offer the Service, then TopTopic at its sole election may terminate or suspend such Member's Service immediately without notice.
In the case of a termination in accordance with the aforementioned paragraph, (a) TopTopic, in its sole and absolute discretion, may cease distribution of any monies earned by Member through $uperTop (or future developed) revenue streams; (b) Member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.
TopTopic, in its sole and absolute discretion may refuse to accept a Member's application for renewal or re-subscription following a termination or suspension of such Member's use of the Service. If a Member's Service is terminated for any reason, such Member, upon approval by TopTopic, may enter into a new Agreement. Such approval may not result in payments ceased via termination being reinstated, at TopTopic’s sole and absolute discretion. Upon the termination of a Member's use of the Service, TopTopic has the right to immediately delete, or not delete, all data, files and other information stored in or for the Member's account without further notice to the Member.
TopTopic does not allow squatting of usernames or Topics and can and will, in its sole and absolute discretion, claim usernames or Topics it deems to be used for the purpose of squatting, selling, harassing, offending or causing undue harm to others.
WARRANTIES AND liMITATIONS OF liABIliTY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND SOFTWARE SUPPliED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE PROVIDED BY TOPTOPIC (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE). TOPTOPIC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFIliATES), ITS THIRD PARTY liCENSORS, PROVIDERS AND SUPPliERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE AND SOFTWARE WHETHER EXPRESS OR IMPliED, INCLUDING BUT NOT liMITED TO THE IMPliED WARRANTIES OF MERCHANTABIliTY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBIliTY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEAliNG, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY TOPTOPIC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF TOPTOPIC TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
TOPTOPIC DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE PROVIDED BY TOPTOPIC WILL PERFORM AT A PARTICULAR SPEED OR WILL BE UNINTERRUPTED OR ERROR-FREE. TOPTOPIC SHALL NOT BE liABLE FOR LOSS OF YOUR DATA. TOPTOPIC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBIliTY FOR USE OF THE SERVICE, THE SOFTWARE AND YOUR WIRELESS GENERALLY. YOU AGREE NOT TO USE THE SERVICE OR THE SOFTWARE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL TOPTOPIC (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFIliATES), ITS THIRD PARTY liCENSORS, PROVIDERS OR SUPPliERS BE liABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT liMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABIliTY TO USE THE SERVICE OR THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT liMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGliGENCE OR STRICT liABIliTY, EVEN IF TOPTOPIC HAS BEEN ADVISED OF THE POSSIBIliTY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL liMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO TOPTOPIC'S THIRD PARTY liCENSORS, PROVIDERS AND SUPPliERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR liMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH TOPTOPC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFIliATES), TOPTOPIC'S THIRD PARTY liCENSORS, PROVIDERS AND SUPPliERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPliED WARRANTIES, OR THE EXCLUSION OR liMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR liMITATIONS MAY NOT APPLY TO YOU.
TOPTOPIC RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR THE SOFTWARE, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POliCIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE liABIliTIES OR OTHER OBliGATIONS TOPTOPIC (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFIliATES), ITS THIRD PARTY liCENSORS, PROVIDERS OR SUPPliERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING TOPTOPIC (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFIliATES), ITS THIRD PARTY liCENSORS, PROVIDERS OR SUPPliERS TO ANY ADDITIONAL liABIliTIES OR OTHER OBliGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE liABIliTY OF TOPTOPIC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFIliATES), ITS THIRD PARTY liCENSORS, PROVIDERS AND SUPPliERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
You agree to defend, indemnify and hold harmless TopTopic and its officers, directors, members and employees from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software or the Internet.
TopTopic may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.toptopic.com/terms/. You agree to visit this page and the links therein periodically to be aware of and review any such revisions. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Member accepts and agrees to the revisions and to abide by them. Any Member who does not agree to the revision(s) must terminate their Service immediately.
You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. TopTopic may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
CHOICE OF LAW; WAIVER OF INJUNCTIVE REliEF; DISPUTE RESOLUTION
20.1 Choice of Law.
This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Washington governing contracts entered into and to be fully performed in Washington (i.e. , without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in King County, Washington, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenients with respect to, venue and jurisdiction in the state and federal courts located in Kern County, Washington.
20.2 Injunctive Relief.
You acknowledge that the rights granted and obligations made hereunder to TopTopic are of a unique and irreplaceable nature, the loss of which shall irreparably harm TopTopic and which cannot be replaced by monetary damages alone so that TopTopic shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
20.3 Informal Negotiations.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement and/or the Service ("Dispute"), you and TopTopic agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to TopTopic, Attn: Dispute Department, 500 Yale North, Seattle, WA 98109. We will send our notice to you via e-mail to the e-mail address listed in your account settings.
20.4 Binding Arbitration.
If you and TopTopic are unable to resolve a Dispute through informal negotiations, either you or TopTopic may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and TopTopic may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and TopTopic agree that any arbitration shall be limited to the Dispute between TopTopic and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
20.6 Exceptions to Informal Negotiations and Arbitration.
You and TopTopic agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or TopTopic's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
20.7 Statute of Limitations.
Except as otherwise required by law, including Washington laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
TopTopic's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
THINGS BEYOND TOPTOPIC'S CONTROL
TopTopic will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
DISPUTES WITH OTHERS
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release TopTopic and hereby agree to indemnify TopTopic from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
This Agreement, including all policies posted on TopTopic's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and TopTopic with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
Notices by TopTopic to you shall be deemed given: (a) when sent to your primary contact e-mail address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
Member agrees to use the Service in accordance with TopTopic's acceptable use policy set forth below ("Acceptable Use Policy"). TopTopic reserves the right to make changes to the Acceptable Use Policy without notice.
26.1 Illegal Use.
You agree not to use the Service in a manner that violates any local, state or federal law.
26.2 Harm to Others.
You agree not to use the Service to harm others, including but not limited to minors, or to promote violence or describe how to perform a violent act.
26.3 Threats & Harassment.
You agree not to use the Service for abusive, profane, libelous, slanderous, threatening or otherwise harassing content and/or communications.
26.4 Fraudulent Activity.
You agree not to use the Service to make or participate in fraudulent activity including financial scams.
26.5 Copyright or Trademark Infringement.
You agree not to use the Service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other propriety rights of a third party.
26.6 Collection of Personal Data.
You agree not to use the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
26.7 Reselling the Services.
You agree not to resell the Service without TopTopic’s written authorization.
26.8 Revealing Information.
You agree not to use the Service to reveal another person's address, e-mail address, credit card number or any information that may be used to impersonate that individual.
26.9 Automated Accounts.
You agree not to use the Service to create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications.
26.10 Improper Use of Support.
You agree not to use the Service to make improper use of TopTopic’s support services or submit false reports of abuse or misconduct.
26.11 Commercial Activities.
You agree not to use the Service to engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme, without the prior consent of TopTopic.
You agree not to use the Service to create or transmit unwanted electronic communications such as "spam," to other users or members of Service or otherwise interfere with other users' or members' enjoyment of the Service.
26.13 Disparaging Communications.
You agree not to use the Service to disparage, tarnish, or otherwise harm, in TopTopic’s opinion, TopTopic and/or the Service.
26.14 Viruses, Etc.
You agree not to use the Service to disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1x1 pixels, web bugs, cookies or other similar devices.
You agree not to use the Service to copy or adapt the Service's software.
26.16 Reverse Engineering.
You agree not to use the Service to reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service.
26.17 Security Features.
You agree not to use the Service to interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service.
26.18 Other Activities.
You agree not to use the Service in any other activity deemed by the Company to be in conflict with the spirit or intent of the Service and this Acceptable Use Policy.
COPYRIGHTS AND LICENSES
Copyright and Licenses: The entire contents of this Agreement, the Services and TopTopic’s Website are protected under the United States copyright laws. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
When you visit www.toptopic.com, sign up for service with us, or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically in return. It is the responsibility of the Member to maintain and update a valid e-mail address with TopTopic at all times. TopTopic will not be held responsible for interruptions in service or cancellation due to an e-mail not being received by the Member or filtered out by the e-mail provider being utilized by the Member. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. TopTopic may send regular account notifications, balance notifications, and subscription renewal e-mails, these e-mails cannot be opted out of. In lieu of e-mails, TopTopic may deliver any or all such communications to you by posting such communications to your Online Account. Periodic newsletters and feature update announcements can be opted out of by the Member at the bottom of the e-mail sent to them.
Updated October, 2015