By using Topix, you agree to the following important terms and conditions, which are included in and made a part of our Terms of Services. Please read them carefully.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOPIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TOPIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPIX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
TOPIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES
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.
THE FAILURE OF TOPIX TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS OF SERVICE 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
By creating a forum, you acknowledge and agree that you are not an implied, actual or apparent agent, in any fashion, of Topix. You further acknowledge and agree that you do not possess any implied authority, apparent authority, actual authority and/or express authority to act in any fashion on behalf of Topix and that all of your actions in connection with your creation of a forum on Topix's website are at your sole risk. You agree and acknowledge that Topix provides a service to you allowing you to delete threads and posts on a forum by other users and that Topix may discontinue this service at any time for any reason. You agree that any and all forums are expressly subject to all of the other provisions in Topix's terms of service which remain in full force and effect and that Topix may remove a forum or any portions thereof at any time.
You agree to defend, indemnify and hold Topix and its subsidiaries, affiliates, shareholders, officers, agents, employees, partners and licensors harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Topix site or services, your use of the Topix site or services, your connection to the Topix site, your violation of the Terms of Service, or your violation of any rights of another.
You agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Topix, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
Send the written communication to 1001 Elwell Court, Palo Alto, CA 94303.
The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at http://www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Send the written communication to 1001 Elwell Court, Palo Alto, CA 94303.
As a provider of space for advertisements, please note that Topix.net is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
If you are a trademark owner (or represent a trademark owner) and have an objection to an advertiser's use of your trademark in ad text that is consistent with the foregoing, please provide the following information in a signed letter on company stationary:
Send the written communication to 1001 Elwell Court, Palo Alto, CA 94303.
Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as advertisement on our pages. We do not take action on objections to the use of trademarks in site to which we link. For any such objections, please contact the site owner directly.
This page is used to inform both registered users and non-registered visitors to Topix LLC's website of our policies and procedures for the collection, processing, storage, transfer and disclosure of certain personally identifiable information from visitors to our site. Please review this Privacy Policy to understand our policies and practices regarding Topix LLC's use of information.
If you choose to make use of our services, then you agree to the collection and use of information in relation with this policy.
When you interact with our site, we may collect information from you as described herein. The information that we collect will not be used to contact or identify you except as otherwise set forth in this Privacy Policy or the Terms of Service.
We may use third party web site analytic tools such as Google Analytics on our website that employ cookies to collect certain information concerning your use of our service. However, you can disable cookies by changing your browser settings. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider's website via your help screen. If you wish to opt out of Google Analytics, please click here: https://tools.google.com/dlpage/gaoptout.
Topix LLC is based in the United States. Please note that Topix LLC does not own or manage property, or have any other physical presence outside of the United States, including in the European Union, any EU-Member State, or any state belonging to the European Economic Area (EAA). To the extent that a user residing outside of the United States chooses to visit Topix LLC's website, the user consents to Topix LLC's Privacy Policy and Terms of Service. No matter where you are located, you consent to the processing, transfer and storage of your information in and to the United States and other countries. The laws of the U.S. and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.
The laws in some jurisdictions require that we tell you about the legal grounds we rely upon to use, process or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:
There are specific circumstances under which we may share your information with certain third parties:
Topix LLC does not knowingly collect, process, store, transfer or disclose any personal data of children or users under the age of consent established by the data protection law of their applicable country. If we learn that we are engaged in said activities with the personal data of such users, we will halt those activities and take reasonable measures to promptly remove the applicable personal data from our records.
If you are aware that a user under the age of consent in their applicable country is accessing our site, please report them via our .
Individuals in the European Economic Area (EEA), Canada, Costa Rica and some other jurisdictions outside the United States have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways. To the extent technically possible, Topix LLC will promptly respond to requests for information as set forth herein.
Topix LLC will respond to requests for confirmation as to whether your personal information is being processed. Topix LLC will identify and provide a copy of personal information undergoing processing. Please note that the data that Topix LLC can erase is limited to the personal information in Topix LLC's possession which you have provided to Topix LLC - your username, e-mail address, and any messages, posts and images you transmit, in addition to any communications. If you would like to submit a data access request, you may send us a request via .
In addition to the functionality available through "Your Profile Page" on Topix.com, in which you can correct, update, amend, or delete certain personal data, you can also request other modifications via . Topix LLC will respond to requests to have personal data erased. Please note that the data that Topix LLC can erase is limited to the personal information in Topix LLC's possession which you have provided to Topix LLC - your username, e-mail address, and any messages, posts and images you transmit, in addition to any communications.
You have a right to ask us to stop using or limit our use of your personal data in certain circumstances - for example, if we have no lawful basis to keep using your data, or if you think your personal data is inaccurate.
The rights and options described above are subject to limitations and exceptions under applicable law. In addition to those rights, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.
To dispose of personal data, we may anonymize it or take other appropriate steps. Some data may be retained where there is a reason to restrict the processing of data instead of deleting it. In such instances, we may anonymize the data rather than deleting it. Data may persist in copies made for backup and business continuity purposes for additional time.
If you do not wish to receive personalized advertising that is delivered by third parties outside of the control of Topix LLC, you may be able to exercise that choice by accessing our Consent Management Tool
Our services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by Topix LLC. Any information you provide to a third party while utilizing their website or service will be governed by the third party's privacy policy and terms of use, not Topix LLC. Therefore, we strongly advise you to review the privacy policies and terms of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. This Privacy Policy applies only to information collected by Topix LLC.
We value your trust in providing us your personal data, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security. We store data in accordance with industry standards, and will process data in a manner that ensures appropriate security of including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organizational measures.
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by publishing the new Privacy Policy on this page. These changes are effective immediately upon publishing.
You may contact us by our with any questions or complaints regarding the processing of personal information you provide to Topix LLC. We will work to resolve any complaints about your privacy and our use or collection of personal information.
