Terms of Service

By using our website or services, you agree to be bound by these terms and conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICE. TOPSY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.

Access to the Service

Subject to these Terms and Conditions, Topsy may offer to provide certain Services, solely for your own personal, non-commercial use, and not for the use or benefit of any third party. You shall not store any significant portion of any content including, without limitation, text, graphics, logos, icons, images, and video clips, retrieved by you on the Service in any form (“Content”). Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Topsy or from the copyright holder identified in such Content’s copyright notice.

Topsy may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Topsy may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Topsy reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Service, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service following such notification constitutes your acceptance of the terms and conditions of these Terms and Conditions as modified. Topsy reserves the right to remove any Content for any reason whatsoever. Specifically, Topsy may remove any Content uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws.

Copyright

As between you and Topsy, all Content, is the exclusive property of Topsy or its content suppliers and is protected by U.S. and international copyright laws. As between you and Topsy, the compilation (meaning the collection, arrangement, and assembly) of all Content is the exclusive property of Topsy and is also protected by U.S. and international copyright laws. The Content may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited.

Copyright Notice

Copyright ©2013-Topsy, Inc. All Rights Reserved.

Trademarks

“Topsy” and the Topsy logo are trademarks or registered trademarks of Topsy, Inc. All other trademarks mentioned in this Service are the property of their respective owners. The trademarks and logos displayed on this Service may not be used without the prior written consent of Topsy or their respective owners.

Patents

Portions, features and/or functionality of Topsy’s Service are protected under Topsy patents, as well as patents pending.

Privacy

Topsy knows that you care about how your personal information is used and shared, and takes your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting Topsy’s website at www.topsy.com or otherwise using any of Topsy’s services (the “Service”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

This Privacy Policy covers Topsy’s treatment of personally identifiable information (”Personal Information”) that Topsy gathers when you are accessing the Service. This policy does not apply to the practices of companies that Topsy does not own or control, or to individuals that Topsy does not employ or manage.

The information we gather from users enables us to personalize and improve our Service. Topsy does not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us.

Topsy may collect and display information about you that is publicly available on other websites. We access such information in accordance with the data access policies of the websites and applicable user specific privacy settings. If you wish to have your information excluded from Topsy, you may be able to adjust the account privacy settings of your service provider to prevent your information from being publicly accessed. You may also contact us via email at support@topsy.com.

We receive and store any information you enter on the Service or provide to us in any other way. You may choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for such purposes as responding to your requests for certain information, products and services, customizing the advertising and content you see, and communicating with you about specials and new features.

We receive and store certain types of information whenever you interact with the Service. Topsy automatically receives and records information on our server logs from your browser including your IP address, search queries, Topsy cookie information, and the page you requested. We also record the details of your activity on the Service.

Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components. Topsy only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often users use parts of the Service so that we can make the Service appealing to as many users as possible, and improve the Service. As part of this use of information, we may provide aggregate information to our partners about how our users, collectively, use our site. We share this type of statistical data so that our partners also understand how often people use their services and the Service, so that they, too, may provide you with an optimal online experience. Again, Topsy never discloses aggregate information to a partner in a manner that would identify you personally.

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Topsy cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your screen name or email address is.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of the Service’s most attractive features.

Ads appearing on the Service may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Topsy and does not cover the use of cookies by any advertisers.

Personal Information about our users is an integral part of our business. We neither rent nor sell your Personal Information to anyone. Topsy reserves the right to release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of others.

The Service contains links to other sites. Topsy is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Service.

Topsy may make changes to this Privacy Policy from time to time for any reason. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you via e-mail or by posting an announcement on the Service. Users are bound by any changes to the Privacy Policy when he or she uses the Service after such changes have been first posted.

If you have any questions or concerns regarding privacy at Topsy, please send us a detailed message to support@topsy.com. We will make every effort to resolve your concerns.

Notice and procedure for making claims of copyright infringement

Topsy has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements

If you believe that material or content residing on or accessible through the Company website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it iis Company’s policy to remove or disable access to the infringing material; to notify the content provider, member or user that it has removed or disabled access to the material; and that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.

Procedure to Supply a Counter-Notice to the Designated Agent

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company’s may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please email legal@topsy.com or contact Company’s Designated Agent to Receive Notification of Claimed Infringement at:

  • Designated Agent to Receive Notification of Claimed Infringement
  • Topsy, Inc.
  • Attn: DMCA Complaints / Legal Department
  • 140 2nd St, 6th Floor
  • San Francisco CA 94105
Restrictions

You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to use the Service. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Topsy user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

General Disclaimer

You acknowledge that Topsy has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you accesses via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you take as a result of having been exposed to the Content. The Service may contain, or direct you to sites containing, information that some people may find offensive, indecent, objectionable, offensive or otherwise inappropriate. All Content is the sole responsibility of the person from whom such Content originated. You, and not Topsy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through Topsy. Topsy does not control the Content posted and does not guarantee the accuracy or integrity of such Content. Topsy shall not be liable for any statements or conduct of any third party using the Service. Topsy will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. Topsy makes no representations concerning any content contained in or accessed through the Service, and Topsy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. THIS SERVICE IS PROVIDED BY TOPSY ON AN “AS IS” BASIS. NEITHER TOPSY NOR ANY OF ITS LICENSORS OR PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOPSY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Mention of non-Topsy products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Indemnity

You will indemnify and hold Topsy, its parents, subsidiaries, affiliates, officers and employees, harmless from any liability, loss, damage, cost or expense (including attorneys’ fees and expenses) arising from or relating to any claim or demand made by any third party due to or arising out of your access to the Service or Content, use of the Service or Content, or the violation of these Terms and Conditions by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

Liability Limitation

NEITHER TOPSY NOR ITS LICENSORS WILL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF THE USE OR INABILITY TO USE THIS SERVICE, THE CONTENT OR ANY TOPSY PRODUCT OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF TOPSY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Websites

This Service may contain links to third party websites. Access to any other Internet website linked to this Service is at your own risk and Topsy is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Topsy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Topsy provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

Miscellaneous

Topsy may terminate or suspend access to the Service immediately, without prior notice or liability, if you breach any of these terms or conditions or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with Topsy’s prior written consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by or provided by Topsy on this site. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind Topsy in any respect whatsoever.