The Topps Company, Inc. Mobile Terms of Service

The Topps Company, Inc. Mobile Terms of Service

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1. ACCEPTANCE, APPS, AND LICENSE

These Universal Terms of Service (“TOS” or “Terms”) apply to applications (the “Apps”) provided by The Topps Company, Inc (“Topps”). Topps (“we,” “us,” “our”) provides the Apps to you subject to your acceptance of these Terms of Service. We may update the TOS by providing a new version on your device or by posting a new version online, including at http://www.topps.com/mobileterms, and your continued use of the Apps after any such update constitutes your binding acceptance of such changes. This document is a binding contract between you and Topps.

When using particular Topps owned or operated Apps, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Topps Online Store Policy) are hereby incorporated by reference into the TOS. These Apps are solely for your personal, noncommercial use.  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.

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Topps policies, Topps grants you a non-exclusive, non-transferable, revocable limited license to access and use the Apps using a Topps supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Apps for any other purpose.

Topps reserves the right to modify or discontinue the Apps (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 Apps, except as otherwise specified in any separate rules governing certain events or contents.

We may provide certain products and services for purchase within the Apps (each an “In App Purchase”).  In App Purchases (a) may include additional functionality, content, or subscription access to content or services, (b) can be downloaded only once, and (c) 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 your use of In App Purchase is at your sole risk and that any In App Purchase is provided “as is” and “as available”.  All In App Purchases 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 (d) terminate an In App Subscription at any time and (e) change subscription terms and prices from time to time, effective as of the beginning of the next subscription term.

 

The Apps are intended for the use of adults 18 years or older and children over the age of 13. You acknowledge and agree that you are not permitted to use the Apps, and you shall not use this website, if you are under the age of 13. By using the Apps or this website, you (a) certify that you are at least 18 years of age or, if you are under the age of 18 but at least 13 years of age, you certify that you have the permission of your parent or guardian who agrees to be bound by these Terms of Service and is responsible for your actions and (b) agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to (c) assist children under the age of 13 in accessing the Apps or website or (d) attempt to contact children under 13 in conjunction with the Apps or the website.

2. 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.topps.com/mobileterms), 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 comply with this Section.

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.

3. USER CONDUCT

By using the Apps, 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 Apps 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 Apps to:

  1. make available content that:

a)      harasses, abuses, defames, or threatens other users

b)      contains profanity, or obscene or otherwise objectionable content

c)      degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;

d)     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; or

e)      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;

  1. stalk or harass any other person or entity;
  2. manipulate identifiers in order to disguise the origin of any content;
  3. impersonate any entity or misrepresent your affiliation with a person or entity;
  4. post advertisements or solicitations, or otherwise engage in commercial activity;
  5. interfere with the Apps or servers or networks connected to the Apps, or disobey any requirements of networks connected to the Apps;
  6. violate any applicable local, state, national or international law or regulation;
  7. promote or facilitate illegal gambling or wagering;
  8. 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;
  9. use any meta tags or any other hidden text using the Company’s name or trademarks;
  10. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the website;
  11. access any content not intended for your use or log onto a server or account that you are not authorized to access; or
  12. 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 Apps and/or the termination of your account(s).

You understand that all postings and content submitted to any of the Apps by users (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. 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. 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) and to incorporate such User Materials into other works in any format or medium now known or later developed.

4. 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, such 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 will 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.

5. INDEMNITY

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 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.

6. TERMINATION

You agree that Topps may, in its sole discretion and without notice, immediately terminate your access to the Apps or Restricted Areas or both. Termination of your account(s) may include (i) removal of access to all offerings within the Apps’ Restricted Areas, (ii) at Topps’ sole discretion, the deletion of all of your account information related to the Apps, User Materials, and other content associated with your account(s) related to the Apps (or any part thereof), and (iii) barring your further use of the Apps.

7. LINKS

The Apps may provide links to other World Wide Web 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.

8. PROPRIETARY RIGHTS AND IP

All title, ownership and intellectual property rights in and to the materials contained Apps are owned by Topps or its licensors. Unless noted otherwise, you should assume that all content, software, and other materials made available or through the Website are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms.

Topps and/or other Topps products referenced herein, including but not limited to Allen & Ginter, Baby Bottle Pop, Bazooka, Bazooka Joe, Bowman, Garbage Pail Kids, Hollywood Zombies, Juicy Drop Pop, Match Attax, Push Pop, Ring Pop, Slam Attax, Topps Attax, Topps BUNT, Topps HUDDLE, Topps Pennant and Wacky Packages include registered or unregistered trademarks of Topps and others.

Nothing contained on any Topps Apps, including Topps.com, should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Apps without the written permission of Topps or any such third party that may own the trademarks. Your misuse of the Topps trademarks displayed on the Apps, or any other content on the Apps, except as provided in these terms, is strictly prohibited. You are also advised that Topps will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

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:

  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 for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Heather Greenberg, Esq., Associate General Counsel, The Topps Company, Inc., One Whitehall Street, New York, NY 10004. Fax Number –212-376-0626. Email:hgreenberg@topps.com Phone: 212-376-0500

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE APPS IS AT YOUR SOLE RISK. THE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOPPS EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING 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.
  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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPPS OR THROUGH OR FROM THE APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

10. 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: (i) THE USE OR THE INABILITY TO USE 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.

11. 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.

12. GENERAL INFORMATION

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

Notice.  Topps may provide you with notices, including those regarding changes to the TOS, 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. The TOS constitutes 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 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 Apps 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 Apps 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.

Violations. You agree that you will report any violations of the TOS 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.