Terms of Service
By accessing and using the Topicmarks, Inc. web site and applications (hereinafter "Site"), you agree to follow and be bound by the following terms and conditions concerning your use of this Site. We may revise these terms and conditions at any time without prior notice.YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, CONTENT, FILES AND/OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
DISCLAIMER
TOPICMARKS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION OR OTHER MATERIALS PUBLISHED ON THIS SITE FOR ANY PURPOSE AND ALL INFORMATION OR OTHER MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TOPICMARKS HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT OF THIS SITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, TOPICMARKS MAKES NO WARRANTY THAT: (1) THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE OR RELIABLE; (2) THIS SITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; (3) THIS SITE WILL NOT EXPERIENCE UNINTERRUPTED SERVICE; (4) THIS SITE DOES NOT CONTAIN ERRORS; OR (5) THIS SITE IS SECURE FROM THIRD PARTIES.ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. TOPICMARKS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. TOPICMARKS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TOPICMARKS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE.SOME JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, SOME OF THE LIMITATIONS OR EXCLUSIONS CONTAINED ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Topicmarks, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
USE OF WEBSITE INFORMATION
You may download, view, copy, and print text, documents and graphics from this Site so long as your use is limited solely to personal, informational, or non-commercial purposes and you do not modify or alter the content in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Topicmarks.DIGITAL MILLEINIUM COPYRIGHT ACT COMPLIANCE
You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Topicmarks respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf,USE OF SOFTWARE AND/OR APPLICATIONS
All software/applications and accompanying documents that you download from this Site ("Software") are the copyrighted work of Topicmarks and/or its suppliers. Your use of the Software is governed by the terms of the software license agreement applicable to the Software ("License Agreement"). You are not authorized to install or use any Software unless you first agree to the License Agreement terms. All rights, title, and interest to the Software not expressly granted are reserved.GENERAL PROHIBITIONS
You agree not to do any of the following while using the Site:- Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site, Topicmarks' computer systems, or the technical delivery systems of Topicmarks' providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Topicmarks or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
- Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Topicmarks' computer system, those systems of Topicmarks' providers, or otherwise use the Site or content to attempt to distribute malware; or
- Impersonate or misrepresent your affiliation with any person or entity.
Topicmarks will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Topicmarks may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Topicmarks has no obligation to monitor any user's access to or use of the Site but has the right to do so for the purpose of operating the Site, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.