Terms of Service
THE TOPPS COMPANY, INC., TERMS OF SERVICE
Last updated: December 28, 2018
These Terms of Service (“TOS” or “Terms”) apply to all web sites and online services operated by The Topps Company, Inc. (“Topps”) where this TOS is posted (the “Sites”).Topps (“we,” “us,” “our”) provides the service and features offered at the Sites to you subject to your acceptance of these Terms of Service. We may update the TOS by posting a new versionatthe Sites, and your continued use of the Sites after any such update constitutes your binding acceptance of such changes. Please read these terms carefully. If you do not agree, do not use the Sites. The Sites are designed for and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. If users from countries other than the U.S. access certain of the Sites, we make no representation that the Sites are operated in accordance with the laws or regulations of other nations. By accessing and using the Sites, you represent that you meet the eligibility requirements.
1. USE OF TOPPS SERVICES
Through the Sites, Topps offers a wide variety of content that pertains to candy products, entertainment, games, and other forms of consumer entertainment and information. When using particular Topps owned or operated services, you and Topps shall be subject to any additional posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Unless explicitly stated otherwise, any new features that augment or enhance the current Sites shall be subject to this TOS. These Sites are solely for your personal, noncommercial use.
2. REGISTRATION OBLIGATIONS
Where registration is required before accessing certain areas or functionality (“Restricted Areas”), you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if Topps has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Topps may terminate your access to areas requiring registration and any account(s) you have registered, at its sole discretion.
4. ACCOUNT PASSWORD AND SECURITY
When registering for any of the Sites, you may be required to select a Username and Password that will be used to access your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for any use of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify Topps of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access any Restricted Areas on the Sites. Topps cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Topps is authorized to act on instructions received through use of your Password, and that Topps may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
5. USER CONDUCT
By using the Sites, it is your responsibility to know, understand and abide by our rules of conduct. These rules are not meant to be exhaustive, and Topps reserves the right to determine what types of conduct it considers to be inappropriate use of the Sites and to take such measures as it sees fit. Topps reserves the right to add to or amend this list of rules at any time.
You agree that you will not use the Sites to:
- Post, e-mail, transmit, upload, or otherwise make available content that harasses, abuses, defames, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- Stalk or otherwise harass any other person or entity;
- Post, e-mail, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so or violates the privacy, publicity or other personal rights of others;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sites;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly authorized herein;
- Post, e-mail, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs which (by design or function) interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- Promote or facilitate illegal gambling or wagering;
- Make available, distribute, re-upload or share any video, photos, downloads or other content provided by Topps or through the Sites to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by Topps.
- Use any meta tags or any other hidden text using Topps’s name or trademarks.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the website.
- Access any content not intended for your use or log onto a server or account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Violation of the rules of conduct may result in the immediate removal of your content from the Sites and/or the termination of your account(s).
You understand that all postings and content submitted to any of the Sites by users (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Topps, are entirely responsible for all User Materials that you upload, post, share, e-mail, transmit, or otherwise make available via the Sites. Under no circumstances will Topps be liable in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Sites.
You acknowledge that Topps may or may not pre-screen User Materials, but that Topps and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Sites. Without limiting the foregoing, Topps and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable at Topps’ sole and absolute discretion. You understand that by using the Sites, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Sites.
With respect to User Materials you directly submit or make available on the Sites, you grant Topps an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
You agree to defend, indemnify and hold harmless Topps, its parent company, affiliates, subsidiaries, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney’s fees) made by any third party due to or arising out of your use of the Sites, any transaction resulting from use of the Sites, your connection to the Sites, your violation of these Terms, your submission, posting, or transmission of User Materials to the Sites, and/or your violation of any rights of another.
7. MODIFICATIONS TO SERVICE
Topps reserves the right to modify or discontinue, temporarily or permanently, the Sites (or any part thereof), including the Restricted Areas, with or without notice at any time. You agree that Topps shall not be liable to you or any third party for any modification, suspension or discontinuance of the Sites, except as otherwise specified in any separate rules governing certain events or promotions.
You agree that Topps may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Sites or Restricted Areas or both. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Sites (or any part thereof), (e) unexpected technical or security issues or problems, (f) your failure to pay account registration or renewal fees when prompted, and (g) extended periods of inactivity. Termination of your account(s) may include (i) removal of access to all offerings within the Sites’ Restricted Areas, (ii) at Topps’ sole discretion, the deletion of all of your account information on the Sites, User Materials, and other content associated with your account(s) on the Sites (or any part thereof), and (iii) barring your further use of the Sites’ Restricted Areas.
9. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or agents found on or through the Sites, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Topps shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Sites.
The Sites may provide links to other sites or resources. Because Topps has no control over such sites and resources, you acknowledge and agree that Topps is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Topps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the materials contained Sites are owned by Topps or its licensors. Unless noted otherwise, you should assume that all content, software, data information, trademarks, graphics, images, photos, videos, and other materials made available or through the Sites (collectively, “Content”) are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms. You acknowledge and agree that the Sites contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Topps, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOPPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TOPPS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
- ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPPS OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT TOPPS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPPS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (e) ANY OTHER MATTER RELATING TO THE SITES.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Topps may provide you with notices, including those regarding changes to the TOS, by e-mail, regular mail, or postings on the Sites; provided, however, that this Section places no requirements on Topps not already expressly set forth herein.
16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Topps may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Topps’ Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Topps’ Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
- Mail: The Topps Company, Inc., One Whitehall Street, New York, NY 10004
Attention: Topps’ Copyright Agent
- Email: firstname.lastname@example.org
- Phone: 212-376-0300
17. CHOICE OF LAW AND DISPUTE RESOLUTION
These Terms are governed by laws of the State of New York, without regard to its conflict of laws principles. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms or your use of services or information offered by Topps (“Dispute”), any Dispute shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Topps’ intellectual property rights, Topps may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no dispute under this Agreement shall be joined to a dispute involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
18. GENERAL INFORMATION
Waiver and Severability of Terms.The failure of Topps to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Survivorship.You agree that any of your registered accounts on any of the Sites are non-transferable and any rights to your user ID or account contents terminate upon your death.
Section Titles.The section titles in the TOS are for convenience only and have no legal or contractual effect.
You agree that you will report any violations of the TOS to email@example.com.
Please contact firstname.lastname@example.org by email using the subject line “Terms of Service questions” if you have any questions or comments about these Terms.