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TOPIGEON Terms of Service
TOPIGEON Terms of Service
1. ACCEPTANCE OF TERMS Topigeon of Avance Technology Co., Ltd ("Topigeon") welcomes you. Topigeon provides the Topigeon Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Topigeon Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Topigeon owned or operated services, you and Topigeon shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Topigeon may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF TOPIGEON SERVICES Topigeon provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Topigeon Services"). You also understand and agree that the Topigeon Services may include advertisements and that these advertisements are necessary for Topigeon to provide the Topigeon Services. You also understand and agree that the Topigeon Services may include certain communications from Topigeon, such as service announcements, administrative messages and the Topigeon Newsletter, and that these communications are considered part of Topigeon membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Topigeon Services, including the release of new Topigeon properties, shall be subject to the TOS. You understand and agree that the Topigeon Services is provided "AS-IS" and that Topigeon 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 Topigeon Services, 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 Topigeon Services.
You understand that the technical processing and transmission of the Topigeon Services, 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. Please be aware that Topigeon has created certain areas on the Topigeon Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Topigeon Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Topigeon Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Topigeon Service's registration form (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 Topigeon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Topigeon has the right to suspend or terminate your account and refuse any and all current or future use of the Topigeon Services (or any portion thereof). Topigeon is concerned about the safety and privacy of all its users, particularly children.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Topigeon 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 Topigeon 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. Topigeon 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, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Topigeon, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Topigeon Services. Topigeon does not control the Content posted via the Topigeon Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Topigeon Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Topigeon be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Topigeon Services.
You agree to not use the Topigeon Services 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 Topigeon official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Topigeon 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 infringes 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, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; 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; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Topigeon Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Topigeon Services or servers or networks connected to the Topigeon Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Topigeon Services, including using any device, software or routine to bypass our robot exclusion headers; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that Topigeon may or may not pre-screen Content, but that Topigeon and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Topigeon Services. Without limiting the foregoing, Topigeon 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 Topigeon or submitted to Topigeon, including without limitation information in Topigeon Message Boards and in all other parts of the Topigeon Services.
You acknowledge, consent and agree that Topigeon may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Topigeon, its users and the public.
You understand that the Topigeon Services and software embodied within the Topigeon Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Topigeon and/or content providers who provide content to the Topigeon Services. You may not attempt to override or circumvent any of the usage rules embedded into the Topigeon Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Topigeon Services, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Topigeon Services and transfer, posting and uploading of software, technology, and other technical data via the Topigeon Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html ) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx ). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Topigeon Services to export-prohibited parties or countries; (c) will not use the Topigeon Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Topigeon Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE TOPIGEON SERVICES Topigeon does not claim ownership of Content you submit or make available for inclusion on the Topigeon Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Topigeon Services, you grant Topigeon the following worldwide, 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 Topigeon Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Topigeon Services solely for the purposes of providing and promoting the specific Topigeon Group 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 Topigeon Services and will terminate at the time you remove or Topigeon removes such Content from the Topigeon Services. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Topigeon Services other than Topigeon Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Topigeon Services solely for the purpose for 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 Topigeon Services and will terminate at the time you remove or Topigeon removes such Content from the Topigeon Services. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Topigeon Services other than Topigeon Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Topigeon Services are those areas of the Topigeon network of properties that are intended by Topigeon to be available to the general public. By way of example, publicly accessible areas of the Topigeon Services would include Topigeon Message Boards and portions of Topigeon Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Topigeon Services would not include portions of Topigeon Groups that are limited to members, Topigeon services intended for private communication such as Topigeon Mail or Topigeon Messenger, or areas off of the Topigeon network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Topigeon.
9. INDEMNITY You agree to indemnify and hold Topigeon and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, modify or otherwise make available through the Topigeon Services, your use of the Topigeon Services, your connection to the Topigeon Services, your violation of the TOS, or your violation of any rights of another.
10. NO COMMERCIAL REUSE OF TOPIGEON SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Topigeon Services (including Content, advertisements, Software and your Topigeon ID).
11. MODIFICATIONS TO TOPIGEON SERVICESTopigeon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Topigeon Services (or any part thereof) with or without notice. You agree that Topigeon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Topigeon Services (or any part thereof).
12. TERMINATION You may terminate your Topigeon account, any associated email address and access to the Topigeon Services by submitting such termination request to Topigeon.
You agree that Topigeon may, without prior notice, immediately terminate, limit your access to or suspend your Topigeon account, any associated email address, and access to the Topigeon Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Topigeon Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Topigeon Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Topigeon's sole discretion and that Topigeon shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Topigeon Services.
Termination of your Topigeon account includes any or all of the following: (a) removal of access to all or part of the offerings within the Topigeon Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Topigeon Services.
13. LINKS The Topigeon Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Topigeon 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 Topigeon 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. 14. TOPIGEON'S PROPRIETARY RIGHTS You acknowledge and agree that the Topigeon Services and any necessary software used in connection with the Topigeon Services ("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 advertisements or information presented to you through the Topigeon Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Topigeon or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Topigeon Services, such Content or the Software, in whole or in part.Topigeon grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Topigeon Services. You agree not to access the Topigeon Services by any means other than through the interface that is provided by Topigeon for use in accessing the Topigeon Services. 15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE TOPIGEON SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TOPIGEON SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO 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. TOPIGEON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TOPIGEON SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TOPIGEON SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOPIGEON SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TOPIGEON SERVICES OR SOFTWARE 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 TOPIGEON SERVICES OR SOFTWARE 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 TOPIGEON OR THROUGH OR FROM THE TOPIGEON SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE TOPIGEON SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TOPIGEON SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TOPIGEON SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TOPIGEON SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. 16. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOPIGEON 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 TOPIGEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TOPIGEON SERVICE; (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 TOPIGEON SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE TOPIGEON SERVICE. 17. 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 19 AND 20 MAY NOT APPLY TO YOU. 18. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. 19. NOTICE Topigeon may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Topigeon Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Topigeon Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Topigeon Services in an authorized manner. 20. TRADEMARK INFORMATION You agree that all of Topigeon¡¦s trademarks, trade names, service marks and other Topigeon logos and brand features, and product and service names are trademarks and the property of Topigeon Inc. (the "Topigeon Marks"). Without Topigeon's prior permission, you agree not to display or use in any manner the Topigeon Marks. 21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT Topigeon respects the intellectual property of others, and we ask our users to do the same. Topigeon may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Topigeon'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 infringed; a description of where the material that you claim is infringing 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 law; 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. 22. GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between you and Topigeon and governs your use of the Topigeon Services, superseding any prior version of this TOS between you and Topigeon with respect to the Topigeon Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Topigeon services, affiliate services, third-party content or third-party software. Waiver and Severability of Terms. The failure of Topigeon 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. No Right of Survivorship and Non-Transferability. You agree that your Topigeon account is non-transferable and any rights to your Topigeon ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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 Topigeon Services 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. By Avance Technology Co., Ltd, 2014