Terms of Service
Last updated 4/14/2012
Topick's terms of service is between the party using this site ("you") and Topick ("company", "we", "us"). Topick's services are provided through its website at www.topick.com.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice.
Therefore, you are responsible for periodically visiting this page to review the current Terms of Service so you are aware of any revision to which you are bound.
By using The Site you agree to be bound by the terms and conditions of use set forth in the Terms of Service.
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Topick, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Topick or its users to any harm or liability of any type; b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or c) violate any applicable local, state, national or international law, or any regulations having the force of law; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e) solicit personal information from anyone under the age of 18; f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
The name Topick and logos are trademarks and service marks of Topick (collectively the "Company Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Topick. Nothing in this Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Topick's Trademarks will inure to our exclusive benefit.
We reserve the right to monitor all content posted by users or other materials posted on Topick and to remove any which we consider in our absolute discretion to be: (a) offensive, (b) inappropriate, (c) criminal or (d) otherwise in breach of these Terms of Service. We do not and cannot review all content posted to Topick by users, and we are not responsible for any such content posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of Topick are objectionable or in violation of these Terms of Service.
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through Topick any materials which (i) restrict or inhibit any other user from using and enjoying Topick, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vii) constitute or contain false or misleading indications of origin or statements of fact.
Registration and Account
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Topick of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Topick will not be liable for any loss or damage arising from your failure to comply with this Section.User Conduct
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Topick. Topick reserves the right to investigate and take appropriate legal action against anyone who, in Topick's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Topick, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Topick or its users to any harm or liability of any type; b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or c) violate any applicable local, state, national or international law, or any regulations having the force of law; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e) solicit personal information from anyone under the age of 18; f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Copyright and Intellectual Property Rights
We claim no intellectual property rights over the content you provide to Topick. By posting any content, you agree to allow anyone to view and share your content.The name Topick and logos are trademarks and service marks of Topick (collectively the "Company Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Topick. Nothing in this Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Topick's Trademarks will inure to our exclusive benefit.
Content
All materials included within Topick are provided for entertainment purposes only. Topick does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Topick. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk.We reserve the right to monitor all content posted by users or other materials posted on Topick and to remove any which we consider in our absolute discretion to be: (a) offensive, (b) inappropriate, (c) criminal or (d) otherwise in breach of these Terms of Service. We do not and cannot review all content posted to Topick by users, and we are not responsible for any such content posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of Topick are objectionable or in violation of these Terms of Service.
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through Topick any materials which (i) restrict or inhibit any other user from using and enjoying Topick, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vii) constitute or contain false or misleading indications of origin or statements of fact.
