|1. ACCEPTANCE OF TERMS |
Welcome to TopicCraze. TopicCraze provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.TopicCraze.org/h/terms. In addition, when using particular TopicCraze services, you and TopicCraze shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
TopicCraze currently provides users with access to a rich collection of navigation and directory resources, and personalized content through the site (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TopicCraze to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TopicCraze Services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that TopicCraze assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that TopicCraze has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. TopicCraze has the right to limit your access to certain areas if TopicCraze is aware or suspects you are not at least 18 years of age.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TopicCraze has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TopicCraze has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). TopicCraze is concerned about the safety and privacy of all its users, particularly children. For this reason, TopicCraze does not allow the creation of accounts by children under the age of 13. If you are the parent or guardian of a child of any age, it is your responsibility to determine whether any of the Services and/or Content (as defined in this TOS) are appropriate for your child.
Registration Data and certain other information about you is subject to
policy at http://www.TopicCraze.org/h/privacy/.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will define or receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify TopicCraze 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. TopicCraze cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not TopicCraze, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service. TopicCraze does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will TopicCraze
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
||upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;|
||harm minors in any way;|
||impersonate any person or entity, including, but not limited to,
a TopicCraze official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or
||forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;|
||upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);|
||upload, post, email, transmit or otherwise make available any Content that inftopices any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;|
||upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas (such as topic Promotions) that are designated for such purpose; it is expressly prohibited on the navigation code that appears on a member's webiste;|
||upload, post, email, transmit or otherwise make available any material that 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;|
||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;|
||intentionally or unintentionally violate any applicable local, state, national or international law.|
|l.||"stalk" or otherwise harass another; or|
|m.||collect or store personal data about other users.|
|n.||provide links to or promote non-TopicCraze services or web sites without prior permission.|
You acknowledge that TopicCraze does not pre-screen Content, but that TopicCraze and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TopicCraze and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TopicCraze or submitted to TopicCraze, including without limitation information in TopicCraze Message Boards, topic Community Centers, and in all other parts of the Service.
You acknowledge and agree to abide by TopicCraze's Adult Content Policy.
You acknowledge and agree that TopicCraze may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TopicCraze, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TopicCraze does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TopicCraze the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on
publicly accessible areas of TopicCraze, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific TopicCraze topic to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TopicCraze removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of TopicCraze that are intended by TopicCraze to be available to the general public.
You agree to indemnify and hold TopicCraze, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express written permission of TopicCraze.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TopicCraze may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TopicCraze's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TopicCraze has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TopicCraze reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TopicCraze reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. GET STARTED SUPPORT SERVICE DESCRIPTION
TopicCraze, Inc., offers its TopicCraze 1.0 Members the option of paying a one-time fee to have TopicCraze trained staff register your URL, place the TopicCraze navigation code on that web site, and submit that site to an appropriate TopicCraze Community. TopicCraze 2.0 Members, should they choose to use it, receive the Get Started Support Service as part of their annual membership fee. TopicCraze, Inc., reserves the right to refuse this Service to sites deemed inappropriate, objectionable, unlawful, or dysfunctional, as well as those sites that do not allow the proper placement and function of the TopicCraze navigation code.
TopicCraze, Inc., strives to complete all requests for the Get Started Support Service as soon as possible based on usual TopicCraze, Inc. business hours, Monday - Friday 8:00-5:00 PST; however, TopicCraze, Inc., retains the right to delay Services based on Federal holidays, force majeure, and other events that may occur outside the control of TopicCraze, Inc.
TopicCraze, Inc., accepts responsibility for your site only dutopic that time in which the placement of your web site's navigation code is in process, and only as long as you follow the Get Started Support Service Member Responsibilities (13). Service does not include any site improvements, repairs, redesign of your web site, or the creation of a web site.
13. GET STARTED SUPPORT SERVICE MEMBER RESPONSIBILITIES
As a Member using Get Started Support Service, you agree to:
a. acquire and provide all information necessary for accessing your web site material to include, but not limited to, URL of the web site to which the TopicCraze navigation code is to be applied; web host address, web site editing software URL, username, password (f), FTP information.
b. grant TopicCraze, Inc., the right to place the navigation code on an appropriate page of the web site being processed, a page that works most effectively for the TopicCraze Community to which you belong or are submitted to dutopic the Get Started Support Service process.
c. accept placement of TopicCraze navigation code as final and understand that any further manipulation of the TopicCraze navigation code is solely your responsibility.
d. not to access or alter the web site information (password, etc.) at anytime while the TopicCraze navigation code placement is in process.
e. monitor actively your submitted email address for TopicCraze, Inc., correspondence and receipt of completion while your web site is in process.
f. provide TopicCraze, Inc., with a temporary password dutopic the time it takes TopicCraze, Inc., to successfully place the TopicCraze navigation code on your web site. Furthermore, you agree to change the temporary password immediately upon the email receipt of completion of Services.
g. understand that TopicCraze, Inc. is no longer responsible for anything that may occur to your web site after the time the email receipt of completion is sent.
h. supply current and direct email address.
i. expect delays in Service based on the aforementioned business hours (h). Requests for help outside of business hours shall be processed on a first in, first out basis, beginning at the start of a business day or week. You will also accept delays in service based on Federal holidays, force majeure, and other events that may occur outside the control of TopicCraze, Inc.
j. accept sole responsibility for the quality, performance and all other aspects of the your content and the goods or services provided through the your web site.
k. cooperate fully with TopicCraze, Inc., in connection with TopicCraze's performance of the services. Delays in performance of your obligations under this Agreement will extend the time for TopicCraze, Inc., to perform its obligations that depend on your performance.
l. notify TopicCraze, Inc., of any change in your contact information, as well as any changes that affect access to the web site being processed.
14. MODIFICATIONS TO SERVICE
TopicCraze reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TopicCraze shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TopicCraze, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TopicCraze believes that you have violated or acted inconsistently with the letter or spirit of the TOS. In the special situation where termination affects topic Management, TopicCraze has the right to take over management of topic(s) found to violate the TOS in letter or spirit. TopicCraze may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TopicCraze may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TopicCraze shall not be liable to you or any third-party for any termination of your access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TopicCraze shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TopicCraze has no control over such sites and resources, you acknowledge and agree that TopicCraze is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TopicCraze shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. TopicCraze's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TopicCraze or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
||YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TopicCraze EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.|
||TopicCraze MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.|
||ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 TopicCraze OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.|
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBRING WILL NOT BE LIABLE FOR ANY DIRECT, 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 WEBRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL WEBRING'S TOTAL CUMULATIVE LIABILITY TO YOU, INCLUDING ANY DIRECT DAMAGES ARISING FROM THIS AGREEMENT, EXCEED THE SUM YOU PAID TO WEBRING FOR SERVICES YOU PURCHASED HEREUNDER AND WHICH ARE THE SUBJECT OF AND DIRECTLY AFFECTED BY SUCH CLAIMS.
IN NO EVENT WILL WEBRING BE LIABLE IN INDEMNITY TO YOU. THIS INCLUDES, WITHOUT LIMITATION, LIABILITY FOR LOSS OR CORRUPTION OF DATA.
21. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
TopicCraze, the TopicCraze logo, and other TopicCraze logos and product and service names are trademarks of TopicCraze Inc. (the "TopicCraze Marks"). Without TopicCraze's prior permission, you agree not to display or use in any manner, the TopicCraze Marks.
24. COPYRIGHTS and COPYRIGHT AGENTS
TopicCraze respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright inftopicement, or your intellectual property rights have been otherwise violated, please provide TopicCraze's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been
- a description of where the material that you claim is inftopicing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
TopicCraze's Agent for Notice of claims of
copyright or other intellectual property inftopicement can be reached
By email: copyrightissues @ TopicCraze dot com
By mail: Copyright, TopicCraze Inc., 788 Iowa st, Ashland, Oregon 97520
By Phone: (541) 488-9895
PLEASE: This number is for copyright issues only. For support related questions use the email submit form on Help/Support
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and TopicCraze and govern your use of the Service, superceding any prior agreements between you and TopicCraze. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and TopicCraze shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and TopicCraze agree to submit to the personal and exclusive jurisdiction of the courts located within the
county of Jackson, Oregon. The failure of TopicCraze to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
Please report any violations of the TOS to our Support