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.
Disclaimer of Warranties & Limitation of Liability
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
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.
Digital Millennium Copyright Act
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):
- Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, "The copyrighted work at issue is the text that appears on www.Topix.net/ads."
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit Topix.net to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit Topix.net to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
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):
- Identify the specific URLs of material that Topix.net has removed or to which Topix.net has disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the paper.
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:
- Name of Company
- Contact information (including email address)
- List of trademark(s) at issue and the country/countries in which it is registered
- The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad)
- The content in the advertisement that concerns you.
- If your site has an affiliate program, are affiliates permitted to use the trademark in the advertisement's content?
- Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
- Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
- Your signature.
Please send this written communication with the above information to the address on our contact page.
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.
Topix and Cookies
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
What Information Do We Collect?
Topix does not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information. For example, Topix DOES collect such information from those users registering as Community Users and/or User Editors. Topix notes and saves information such as time of day, browser type, browser language, and IP address with each query. That information is used to verify our records and to provide more relevant services to users. For example, Topix may use your IP address or browser language to determine which language to use when showing search results or advertisements.
Links to Other Sites
With Whom Does Topix Share Information?
Topix may share information about you with advertisers, business partners, sponsors, and other third parties. However, we only divulge aggregate information about our users and will not share personally identifiable information with any third party without your express consent. For example, we may disclose how frequently the average Topix user visits Topix, or which Topix pages are most often used. Please be aware, however, that we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order. Further, Topix reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems.
Third Party Advertising
In addition, Topix collects personally identifiable information from users (including email addresses, names, gender, date of birth, and zip code) during the registration process. This information may be used by Topix to improve our site and the overall user experience.
Geo Location Services
Topix may, through its website, iPhone applications and related sites, request your location via a geolocation service. Through this service Topix may collect, depending on the capabilities of your device, information about the wifi routers closest to you, indentifying information related to the cell towersclosest to you, and the strength of your wifi or cell signal. Topix will use this information to return an estimated location. This information (including your IP address) may then be used by Topix to develop new features, products or services. This information may also be shared on an aggregated or individual basis with our third party advertisers to display better-targeted advertising content.
Who can I ask if I have additional questions?
Feel free to contact us any time and we'll answer any additional questions you may have. If you have additional questions, feel free to contact us.