General Heading: Even when you are playing, you need to follow the rules! And when you use this website, you are agreeing to accept our rules – we call them the Terms of Use. It's kind of complicated, so ask your mom or dad if you have any questions.
Last Updated: May 29, 2008
This website is provided by The Topps Company, Inc., and its affiliates and subsidiaries (collectively referred to herein as "Topps" or "we," "us," "our," or other similar pronouns). Your use of this website is subject to these Terms of Use (the "User Agreement"). Please read this User Agreement and the other information referred to or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our website and your permitted use of it. We reserve the right to change these Terms of Use. We will announce any changes by posting a revised draft of these Terms of Use on the website. You can determine when these Terms of Use were last revised by referring to the "Last Updated" legend at the top of this page. By continuing to use the website following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the website may be governed by additional rules, which will be available on the website. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them. If you do not agree to all of the terms of this User Agreement, then you may not use this website.
We also reserve the right, at any time, to: change or discontinue any content or feature of the website or any services or products made available through the website without notice; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the website; and/or offer opportunities to some or all users of the website. You agree that we will not be liable for any modification, suspension or discontinuance of the website or of any service, content, feature or product offered through the website. Your continued use of the website after such changes will indicate your acceptance of such changes.
1. Right to Use This Website
Topps grants you a limited, non-exclusive, revocable license for you to use this website for your personal entertainment, information, education, and communication, upon your agreement with all of the terms of this User Agreement. This website contains materials and other items relating to Topps and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, video, software, or other forms and formats now know or later invented. In using this website, you must respect the intellectual property rights of Topps and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Copyrights
Copyright 2008 The Topps Company, Inc. All rights reserved.
All Content is copyrighted, and is either owned or used with permission by Topps. Topps disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of Topps or third parties not owned by or affiliated with Topps. Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of the portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
3. Trademarks
The trademarks, logos, and service marks displayed on this website are owned by Topps and third parties, and this website's trade dress is owned by Topps (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Topps are the property of their respective owners, and are used by Topps with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use the Trademark without the express written permission of Topps or the third party rights holder.
4. Registration and Your Account
When you enter the website, you will be asked to register by providing a username, creating a randomized avatar name and choosing a password. It is important that you remember your username and password and that you keep your user name and password in a safe place offline. We will use your username and password to identify you when you return to our website. If you forget your username or password , we will send a new password to you at the email address provided by you when registering. You may modify or change your username or password upon logging in with the substitute password we have emailed to you. Topps reserves the right to suspend any account for any reason, including if an account has been inactive for six (6) months or more.
5. Using the Website
The website is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the website. We reserve the right to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the website:
You may not post or transmit any material or content on or through the website:
- that violates or infringes in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, fraudulent or tortuous, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by copyright, trademark, trade secret or any other proprietary right;
- that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
You may not post or transmit on or through the website:
- advertising or commercial solicitations;
- promotional materials relating to other websites or online services which are competitive with us and/or the website;
- software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
- political campaign materials; chain letters; mass mailings; spam mail;
- any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the website or their contents; or
You may not:
- engage in any activity on the website that restricts or inhibits any other user from using or enjoying the website such as "hacking," "cracking," "spoofing," or defacing any portion of the website;
- harvest or collect information about website visitors or members without their express consent.
- use the website to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website;
- create a database by systematically downloading and storing website content;
- frame or mirror any part of the website without our prior written consent;
- interfere with or disrupt the operation of the website or the servers or networks used to make the website available; or violate any requirements, procedures, policies or regulations of such networks.
6. Banners, Advertisements, and Sweepstakes, Contests and Other Promotions
We reserve the right to post banners, advertisements, promotions and similar content throughout this website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Topps disclaims all liability in connection therewith.
From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions and games on the website. Each of these activities may be governed by specific rules accessible from the pages of the website offering the promotion, which are separate from these Terms of Use. By participating in any such activities, you will become subject to those rules. Topps urges you to read any applicable rules, which will be linked from the particular activity.
7. Security
You are completely responsible for maintaining the confidentiality of your username, password, and account. If you forget your username or password , we will send a new password to you at the email address provided by you when registering. You may modify or change your username or password upon logging in with the substitute password we have emailed to you.
You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Topps will not be liable for any loss or damage arising from your failure to comply with this section.
8. Privacy
Your privacy is important to Topps. We have a separate privacy policy that describes how we treat your information, and particularly the limited information that we collect from children under 13. To view our Privacy Policy, please return to the website's home page and click the Privacy Policy link.
9. Disclaimer
This site and all materials contained on it are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, without limitation, implied warranties or merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the materials on this site will be uninterrupted or error-free, that defects will be corrected or that the site of the servers that make such materials available are free of viruses or other harmful components. We are not responsible or liable for any infections or contaminations of your system, or delays, inaccuracies, errors or omissions arising out of your use of the site. We do not warrant or make any representations regarding the use of the results of the materials in terms of their correctness, accuracy, reliability or otherwise. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any materials rests with you and you assume the entire cost of all necessary servicing, repair, or correction. We further reserve the right, solely in our discretion, to modify and/or discontinue the website at any time without notice, and to terminate your avatar name, password, and account, should you be in violation of this user agreement.
10. Indemnity
You hereby agree to indemnify, defend and hold Topps, its affiliated and subsidiary companies, their respective officers, director, employees, owners, agents, third party providers, licensors, and licensees (collectively, the "Topps Parties") harmless from and against any and all liabilities and costs, including reasonable attorney's fees, incurred by any of the Topps Parties in connection with any claim arising out of any breach by you of this User Agreement or claims arising from your use of this website or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, none of the Topps Parties shall be liable under any circumstances, including, but not limited to, negligence, for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the toppstown.com site or any of the materials or functions of the website, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Copyright Infringement Claims
If you believe in good faith that any material or content posted on the website constitutes a copyright infringement please forward the following information to the Copyright Agent named below (a "Notice"):
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the alleged infringing material and of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
Name: Heather Greenberg, Esq.
Address:
The Topps Company, Inc.
One Whitehall Street
New York, NY 10004
Phone: (212) 376-0574
Fax: (212) 376-0626
e-mail: hgreenberg@topps.com
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512 (c)(3)), and will terminate the site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
13. Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at:
Please note that Topps does not endorse any of the products or services listed at such site.
14. General Provisions
This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.
This User Agreement shall be governed by and construed in accordance with the laws of the United States of America without giving effect to any principles of conflicts of laws.