Any use of Topideodesk.com is subject to the following terms and conditions. By viewing or using the services of Topicodesk.com, you agree to be bound by these terms and conditions.
1.0 Acceptable Use
1.1 You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our site. Without limiting the generality of the foregoing, you agree that you will not:
- Use our site in a way that could interfere with, disrupt, or inhibit other users from using our site, or that could damage, disable, overburden, or impair the functioning of our site in any manner;
- Use our site to pay for, support, or otherwise engage in money-laundering or any other illegal activity;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our site or to extract data;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any service or area of our site that you are not authorized to access;
- Develop any third-party applications that interact with our site without our prior written consent;
- Provide false, inaccurate, or misleading information;
- Encourage or induce any third party to engage in any of the activities prohibited under this section
- Use the Site in any way that breaches any applicable local, national, federal or international law or regulation;
- Copy, use, disclose or distribute any information obtained from the Site, whether directly or through third parties, without our consent;
- Use, disclose or distribute any data obtained in violation of these Terms;
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
- Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Topicodesk.com” or our logos in any business name, email, or URL, without our consent;
- Imply or state that you are affiliated with or endorsed by Topicodesk.com without our express consent;
- Rent, lease, loan, trade, sell/resell access to the Site or related data;
- Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
- Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
- Harass, abuse or harm another person;
- Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by us;
- Disclose information that you do not have the consent to disclose (such as confidential information of others;
- Post anything that contains software viruses, worms, or any other harmful code;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Site or otherwise copy data from the Site;
- Bypass or circumvent any access controls or Site use limits;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology that is not open source;
- Monitor the Site’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
- Access the Site except through the interfaces expressly provided by us, such as mobile applications (if any) and Topicodesk.com;
- Override any security feature of the Site; and/or
- Interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses).
2.1 You acknowledge and agree that the content of Topicodesk.com is informational and you use the site at your own risk.
2.2 You acknowledge and agree that you have read, understand, and are bound by the Disclaimer and all Warranties posted on this site.
2.3 You acknowledge the following risks related to virtual currencies for which Topicodesk.com is not responsible:
- Virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections or similar protection in non-U.S. jurisdictions for accounts.
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency.
- Transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
- Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
- The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear.
- There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future.
- The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant losses.
- The nature of virtual currency means that any technological difficulties experienced by Topicodesk.com may prevent the access or use of a customer’s virtual currency.
- Any bond or trust account maintained by Topicodesk.com for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
- The user acknowledges the following serious risks to any use of the Topicodesk.com Services and expressly agrees to neither hold Topicodesk.com liable should any of the following risks occur:
- 2.3.1 RISK OF REGULATORY ACTIONS IN ONE OR MORE JURISDICTIONS:
Topicodesk.com could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Topicodesk.com to continue to develop the Topicodesk.com, or which could impede or limit the ability of a User to use Topicodesk.com.
- 2.3.2 RISK OF ALTERNATIVE, UNOFFICIAL Topicodesk.com NETWORKS:
It is possible that alternative Topicodesk.com-based networks could be established, which utilize the same open source source code and open source protocol underlying the Topicodesk.com Services.
- 2,3.3 RISK THAT THE Topicodesk.com SERVICES, AS DEVELOPED, WILL NOT MEET THE EXPECTATIONS OF USER:
The User recognizes that the Topicodesk.com services is under development and may undergo significant changes before release. The User acknowledges that any expectations regarding the form and functionality of the Topicodesk.com services held by the User may not be met upon release of the Topicodesk.com services, for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Topicodesk.com services.
3.0 Electronic Notices
3.1 Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Topicodesk.com provides in connection with your use of the site. You agree that Topicodesk.com may provide these Communications to you by posting them on Topicodesk.com, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier’s normal messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
3.2 Hardware and Software Requirements. In order to access and retain electronic Communications, you will need a computer with an internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with Topicodesk.com and have sufficient storage space to save past Communications or an installed printer to print them.
3.3 Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting us in writing. In order for us to send paper copies to you, you must have a current street address on file with Topicodesk.com. Please note that Topicodesk.com operates exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you understand and agree that Topicodesk.com may charge you a reasonable processing fee for each page of Communication requested.
3.4 Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Topicodesk.com up to date so that Topicodesk.com can communicate with you electronically. You understand and agree that if Topicodesk.com sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, or blocked by your service provider, or you are otherwise unable to receive electronic Communications, Topicodesk.com will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Topicodesk.com to your email address book so that you will be able to receive the Communications we send to you.
4.0 Third-Party Content
4.1 In using our site, you will view content provided by third parties, including articles, reviews, comments, insights, analysis, and links to web pages of those parties, including but not limited to blogs, forums, communities, and social networks. We do not control or approve any Third-Party content and are not responsible for it, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort sustained as a result of third party content being on Topicodesk.com, and you understand that your viewing and use of third-party content, and your interactions with third parties that are linked to our site, are at your own risk.
5.0 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD-PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
6.0 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Topicodesk.com OR ITS SUPPLIERS, AFFLIATES, OR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS , OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF INTANGIBLE, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES WHETHER OR NOT FORSEEABLE, EVEN IF Topicodesk.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Topicodesk.com’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF YOUR USE OF THE SERVICE EXCEED THE NET AMOUNT PAID TO Topicodesk.com FOR YOURUSE OF THE PARTICULAR SERVICE UPON WHICH LIABILITY IS BASED, OR USD$100.00 IF Topicodesk.com RECEIVED NO FEES FOR Customer’s USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless Topicodesk.com (and each of our officers, directors, members, agents, servants, employees, insurers, attorneys, assigns, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with use of, our site; (b) any feedback you provide; (c) your violation of these terms and conditions; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
8.0 Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our site or services.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding Topicodesk.com that you provide. Any feedback you submit is non-confidential and shall become the sole property of Topicodesk.com. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the feedback (including any copyrights or moral rights). Do not send us feedback if you expect to be paid or want to continue to own or claim rights in any ideas you send us. We retain the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
10.0 Copyrights and Other Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with our services, including, without limitation, the Topicodesk.com logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Topicodesk.com Materials”) are the proprietary property of Topicodesk.com or our licensors or suppliers and are protected by all applicable copyright laws and other intellectual property rights laws. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Topicodesk.com Materials for your personal or internal business use. Such license is subject to these terms and conditions and does not permit (a) any resale of the Topicodesk.com Materials; (b) the distribution, public performance, or public display of any Topicodesk.com Materials; (c) modifying or otherwise making any derivative uses of the Topicodesk.com Materials, or any portion thereof; or (d) any use of the Topicodesk.com Materials other than for their intended purposes.
“Topicodesk.com,” the Topicodesk.com logo, and any other Topicodesk.com product or service names, logos, or slogans that may appear on our site are trademarks of Topicodesk.com and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any trademark, product, or service name of Topicodesk.com without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Topicodesk.com. In addition, the look and feel of our site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Topicodesk.com and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
12. No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
13.0 Applicable Law
You understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province, or territory determined solely by Topicodesk.com to resolve any legal matter arising from these terms and conditions or related to your use of Topicodesk.com. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the terms and conditions and the remaining terms and conditions will continue to be valid in full force and effect.
14.1 Eligibility. For an individual to be eligible to open a Topicodesk.com account and use the services, you must be at least 18 years old, or the age of majority in your state of residence.
15.1 Entire Agreement; Order of Precedence. These terms and conditions contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding use of Topicodesk.com. These terms and conditions do not alter the terms or conditions of any other electronic or written agreement you may have with Topicodesk.com. In the event of any conflict between these terms and conditions and any other agreement you may have with Topicodesk.com, the terms of that other agreement will control only if these terms and conditions are specifically identified and declared to be overridden by such other agreement.
15.2 Amendment. Topicodesk.com reserves the right to update its terms and conditions of use at any time without notice other than by placing the current terms and conditions on the site. The most current version of the terms and conditions will always be found at Topicodesk.com. Users are encouraged to check the terms and conditions each time they use the site.
15.3 Waiver. Our failure to exercise or delay in exercising any right under these terms and conditions shall not operate as a waiver thereof or as a limitation on exercising the same or a similar right in the future.
15.4 Severability. If any of these terms and conditions are found to be partly or wholly invalid or unenforceable by a court of competent jurisdiction, the validity or enforceability of any other of these terms and conditions shall remain in full force and effect, and a provision that is found to be partly invalid or unenforceable shall remain in effect and enforceable to the fullest extent allowed by the law.
15.5 Assignment. You may not assign or transfer any of your rights or obligations under these terms and conditions without prior written consent from Topicodesk.com, including by operation of law or in connection with any change of control. Topicodesk.com may assign or transfer any or all of its rights under these terms and conditions, in whole or in part, without obtaining your consent or approval.
15.6 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
15.7 Survival. The applicability of these terms and conditions shall survive any termination or expiration of these terms and conditions as required to give them their full force and effect.
15.8 Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.