The Topps Company, Inc. Mobile Terms of Service

DESCRIPTION OF APPS AND ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) apply to applications provided by The Topps Company, Inc. (“Topps”) through mobile devices or Topps-supported web browsers (the “Apps”). Topps (“we,” “us,” “our”) provides the Apps to you subject to your acceptance of these Terms of Service. These Terms are a binding contract between you and Topps. We may update these Terms by providing a new version in the Apps or by posting a newer version online and your continued use of the Apps after any such update constitutes your binding acceptance of such changes. We may immediately terminate this contract with respect to you (including your access to any of our Apps and content within the Apps) if you fail to comply with any of the Terms.

At all times when using Topps owned or operated Apps, you also shall be subject to any posted guidelines or rules (“Guidelines”) applicable to such services. These Guidelines may be posted and modified from time to time. All Guidelines are hereby incorporated by reference into these Terms.

REGISTRATION

Our Apps are solely for your personal, noncommercial use and are available for informational and entertainment purposes only. You agree not to use the Apps for any other purpose. Some Apps require registration, particularly before accessing certain areas or functionality (“Restricted Areas”). When you do register with us, 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.

LICENSE TO USE THE APP

Subject to your agreement and continuing compliance with these Terms and any other relevant Topps Guidelines and policies, Topps grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Apps (including all software, content, virtual items and other material associated with the Apps) for your own personal, noncommercial use only. We reserve all rights in and to the Apps not expressly granted to you under these Terms.

Our Apps are intended for use by persons over the age of 16. You acknowledge and agree that you are not permitted to use the Apps and shall not access the Apps if you are under the age of 16. By using the Apps, you certify that you are at least 16 years of age and agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 16 in accessing the Apps or attempt to contact children under 16 while accessing or using the Apps.

TOPPS INTELLECTUAL PROPERTY

We (or where applicable, our licensors) own all rights, title and interests in and to (i) the Apps, including all source code, object code and other technology associated with the Apps (“Topps Technology”) and (ii) any and all other content and materials available through the Apps and all intellectual property rights therein (“Topps Content”). Topps Content may only be used in connection with the Apps and except as expressly permitted in these Terms, you have no rights in or to any Topps Content.

Unless explicitly stated, you should assume that all Topps Technology and Topps Content are protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted in these Terms.

Nothing contained in any App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property in the Apps, the Topps Technology and/or the Topps Content without the written permission of Topps or any third party that may own the intellectual property. Your misuse of the Topps intellectual property displayed in the Apps or in connection with any Topps Content is strictly prohibited. Topps will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

We reserve the right to modify or discontinue the Apps (or any parts of any Apps with or without notice at any time. Topps shall not be liable to you or any third party (including, without limitation, our licensors) for any modification, suspension or discontinuance of the Apps.

IN-APP PURCHASES; VIRTUAL CURRENCY

We may provide certain products and services for purchase within the Apps (each an “In App Purchase”).

In App Purchases:

  • may include additional functionality, content, or subscription access to content or services,
  • can be downloaded only once, and
  • may be subject to additional terms within the In App Purchase.

Once you have received an In App Purchase, you are responsible for any loss or damage to the In App Purchase and Topps shall have no liability in such circumstances, regardless of cause. You expressly understand and agree that our Apps and your use of In App Purchase is at your sole risk and that our Apps and In App Purchase are provided “as is” and “as available.” All In App Purchases (whether of Topps Content or virtual currency) are final.

Once you have made an In-App Purchase, we encourage you to promptly take the necessary steps to complete your transaction (e.g., activate or download any content). Certain In App Purchases may include renewable subscriptions (“In App Subscriptions”). If you purchase an In-App Subscription, your In App Subscription will continue at the regular subscription price using the payment mechanism you provided for the initial subscription. We reserve the right to terminate an In App Subscription at any time and change subscription terms and prices from time to time, effective as of the beginning of the next subscription term.

Some of our Apps contain virtual currency. If applicable, you may purchase or earn coins within our Apps using real currency. All virtual currency purchased is subject to payment terms and conditions of the applicable app store controlled by a third party. We do not control how you can pay such third parties.

You may use virtual currency to purchase digital goods in the Apps. Notwithstanding any such purchase, as stated in these Terms, all rights, title, and interests in and to the Topps Content, including all copyrights, trademarks, and other intellectual property rights therein, are held by Topps or its licensors.

Virtual currency may never be redeemed or exchanged for real money, goods, services or any other item with real monetary value. You may not transfer any virtual currency to any other party (whether within or outside the Apps). Topps has the right to regulate, modify, eliminate or otherwise change the terms of its virtual currency at any time, without notice.

PRIVACY AND SECURITY

Your Registration Data, as well as information that you may provide at other times during your use of the Apps, is subject to our Privacy Policy (available at http://www.toppsapps.com/privacy/en), which is incorporated by reference into these Terms.

When registering for any of the Apps, you may be required to select a Username and Password that will be used to access your account. You are 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 Apps. Topps cannot and will not be liable

for any loss or damage arising from your failure to protect your username, password or any other personal information.

You authorize Topps 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.

USER AND COMMUNITY GUIDELINES

By using our Apps, it is your responsibility to know, understand and abide by our rules of conduct (“User and Community Guidelines”). Our User and Community Guidelines are not meant to be exhaustive and we reserve the right to amend or modify this list at any time and/or to determine what type of conduct we consider to be inappropriate when using our Apps. If in our sole determination you violate our User and Community Guidelines, we reserve the right to suspend or restrict access to your accounts, remove any Topps Content from your account or terminate your accounts. You agree that Topps shall not have liability to you or any other party should we take any such actions.

You agree that you will not use the Apps to:

  1. make available content that:
    1. harasses, abuses, defames, or threatens other users
    2. contains profanity, indecent, obscene or otherwise objectionable content
    3. degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
    4. contains any other party’s intellectual property or violates the privacy, publicity or other personal rights of others; or
    5. contains software viruses or any other computer code, files or programs that can interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. stalk or harass any other person or entity;
  3. manipulate identifiers in order to disguise the origin of any content;
  4. impersonate any entity or misrepresent your affiliation with a person or entity;
  5. post advertisements or solicitations, or otherwise engage in commercial activity;
  6. interfere with the Apps or servers or networks connected to the Apps, or disobey any requirements of networks connected to the Apps;
  7. violate any applicable local, state, national or international law or regulation;
  8. promote or facilitate illegal gambling or wagering;
  9. make available, distribute, re-upload or share any video, photos, downloads or other content provided by Topps or through the Apps to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by Topps;
  10. use any meta tags or any other hidden text using Topps’ name or trademarks;
  11. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the website;
  12. access any content not intended for your use or log onto a server or account that you are not authorized to access; or
  13. attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

In addition, you agree that you shall not (i) remove any proprietary notices or labels on or in the Topps Content and/or not bypass, modify, defeat or circumvent any of the Topps Technology or other technology used to deliver or protect the Apps or any Topps Content.

USER SUBMITTED CONTENT

You agree that all postings and content you may submit to any of the Apps (“User Materials”), whether privately transmitted or made publicly available, are your sole responsibility. You are entirely responsible for all User Materials that you make available via the Apps.

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 remove any User Materials at any time. You understand that by using the Apps, 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 Apps.

With respect to User Materials you directly submit or make available on the Apps, 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). Topps may incorporate such User Materials into other works in any format or medium now known or later developed without further notice to you, with or without attribution, and without requiring any permission from you or payment to you or any other party.

LOCATION-BASED SERVICES

Some Apps may contain functionality that can enable Topps to access your location and tailor your experience with the Apps based on your location (“Location-based Services”). To use Location-based Services, you must enable certain features of your mobile device (e.g., GPS, WiFi, or Bluetooth) to allow Topps to identify your location. To the extent your location is collected through Wi-Fi or Bluetooth sensors, those sensors and the associated data services may be provided by a third party that may access such information for the purpose of providing such data services to Topps. You agree to such access by such third parties. You may enable or disable such Location-based Services at any time via a menu within the Apps. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the menu, you may not be able to utilize certain features of the Apps. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Apps, (ii) Topps may provide Location-based Services related to and based on your then-current location, and (iii) Topps may use any such information collected in connection with the provision of Location-based Services in providing the Apps. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND TOPPS DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.

INDEMNITY

You agree to defend, indemnify and hold harmless Topps, its parent company, affiliates, subsidiaries, employees, contractors, licensors and their affiliates, 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 Apps, any transaction resulting from use of the Apps (including, without limitation, any In App Purchases), your connection to the Apps, your violation of these Terms, your submission, posting, or transmission of User Materials to the Apps, and/or your violation of any rights of another.

TERMINATION

We may, in our sole discretion at any time, and for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of the Apps and/or these Terms. Termination may include, but not be limited to (i) removal of the Apps and access to all offerings within the Apps (ii) the deletion of all account information related to the Apps, User Materials, and other content (including Topps Content) associated with your account(s) and (iii) barring any further use of or access to the Apps. Topps Content available through the App may not be downloadable or tradeable if the Apps are terminated.

THIRD PARTY SERVICES AND CONTENT

The Apps may integrate, be integrated into or be provided in connection with third party web sites or resources (“Third Party Sites”). We have no control over Third Party Sites and are not responsible for the availability or content of any Third Party Sites. You are responsible for reading and understanding any terms of use and privacy policies of any Third Party Site.

COPYRIGHT COMPLAINTS

Topps may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others, or otherwise violate the terms hereof. If you believe 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:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on a Site;
  4. your address, telephone number, and e-mail address;
  5. 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;
  6. 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 may be contacted as follows:

By mail:

Copyright Agent
Legal Department
One Whitehall Street
New York, NY 10004.

By email: copyright@topps.com

DISCLAIMER OF WARRANTIES

  1. YOUR USE OF THE APPS IS AT YOUR SOLE RISK. THE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOPPS, FOR ITSELF AND ITS LICENSORS AND EACH OF THEIR AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. EACH OF TOPPS AND ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY TOPPS CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
  2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPS 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.
  3. 3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPPS (OR ITS LICENSORS OR EACH OF THEIR AFFILIATES) OR THROUGH OR FROM THE APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT TOPPS, ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES 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 AND ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APPS, INCLUDING WITHOUT LIMITATION, THE TERMINATION OR DELETION OF THE APPS; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPS; OR (iv) ANY OTHER MATTER RELATING TO THE APPS.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GENERAL INFORMATION

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

Notice. Topps may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail, or postings on the Apps; provided, however, that this Section places no requirements on Topps not already expressly set forth herein.

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. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within New York, New York, for any claims arising out of or relating to your use of the website. 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 relating in any way to your use of or access to any of the Apps 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. Arbitration under this agreement 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.

Entire Agreement; Waiver; Severability. These Terms constitute the entire agreement between you and Topps with respect to your use of the Apps. The failure of Topps to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms 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 Apps or these Terms 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 Apps are non-transferable and any rights to your user ID or account contents terminate upon your death.

Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Violations. You agree that you will report any violations of these Terms to digital@topps.com

Questions. Please contact digital@topps.com by email using the subject line “Terms of Service questions” if you have any questions or comments about these Terms.