SERVICE TERMS & CONDITIONS

SERVICE TERMS & CONDITIONS

LAST UPDATED: JANUARY 16, 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES.


WHO WE ARE AND HOW TO CONTACT US

These Terms and Conditions ("Terms") apply to all websites, apps, and online services (collectively, the “Services”) operated by Topps Europe Ltd. ("Topps," "we," "us," "our") where the Terms are posted.  We are registered in England and Wales under company number 02673753 and have our registered office at 18 Vincent Avenue, Crownhill Business Centre, Milton Keynes, MK8 0AW.  Our VAT number is GB608693513.  We are a limited company.

ACCEPTANCE OF TERMS AND UPDATES

Topps provides the Services to you subject to your acceptance of these Terms. We may update the Terms by posting a new version online, and your continued use of the Services after any such update constitutes your binding acceptance of such changes. Please read these Terms carefully. If you do not agree with these Terms, you should not use the Services.

OTHER TERMS THAT MAY APPLY TO YOU

When using the Services, you shall be subject to any other posted guidelines or rules applicable to such Services, which may be modified from time to time, including the following:

All such guidelines or rules are hereby incorporated by reference into these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms. These Services are solely for your personal, noncommercial use.

REGISTRATION OBLIGATIONS

Some Services require registration, while others do not. Still others require registration before accessing certain areas or functionality ("Restricted Areas"). When you do register with us, you agree to provide accurate, current and complete information about yourself as prompted (such information being the "Registration Data") and to maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if Topps has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Topps may terminate your access to areas requiring registration and any account(s) you have registered, at its sole discretion.

ACCOUNT PASSWORD AND SECURITY

When registering for any of the Services, you may be required to select a Username and Password that will be used to access your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for any use of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify Topps of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access any Restricted Areas on the Services. Topps cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that Topps is authorized to act on instructions received through use of your Password, and that Topps may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.

USER CONDUCT

By using the Services, it is your responsibility to know, understand and abide by our rules of conduct. These rules are not meant to be exhaustive, and Topps reserves the right to determine what types of conduct it considers to be inappropriate use of the Services and to take such measures as it sees fit. Topps reserves the right to add to or amend this list of rules at any time.

You agree that you will not use the Services to:

  • post, e-mail, transmit, upload, or otherwise make available content that harasses, abuses, defames, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
  • stalk or otherwise harass any other person or entity;
  • post, e-mail, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so or violates the privacy, publicity or other personal rights of others;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly authorized herein;
  • post, e-mail, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs which (by design or function) interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  • promote or facilitate illegal gambling or wagering;
  • make available, distribute, re-upload or share any video, photos, downloads or other content provided by Topps or through the Services to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by Topps.
  • Use any meta tags or any other hidden text using Topps’ name or trademarks.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Services.
  • Access any content not intended for your use or log onto a server or account that you are not authorized to access.
  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Violation of the rules of conduct may result in the immediate removal of your content from the Services and/or the termination of your account(s).

You understand that all postings and content submitted to any of the Services by users ("User Materials"), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Topps, are entirely responsible for all User Materials that you upload, post, share, e-mail, transmit, or otherwise make available via the Services. Under no circumstances will Topps be liable in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Services.

You acknowledge that Topps may or may not pre-screen User Materials, but that Topps and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Services. Without limiting the foregoing, Topps and its designees shall have the right to remove any User Materials that violate these Terms or are otherwise objectionable at Topps’ sole and absolute discretion. You understand that by using the Services, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Services.

With respect to User Materials you directly submit or make available on the Services, you grant Topps an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed, and for any commercial or non-commercial purposes.

MODIFICATIONS TO SERVICE

Topps reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Restricted Areas, with or without notice at any time. You agree that Topps shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services, except as otherwise specified in any separate rules governing certain events or contents.

TERMINATION

You agree that Topps may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Services or Restricted Areas or both. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) your failure to pay account registration or renewal fees when prompted, and (g) extended periods of inactivity. Termination of your account(s) may include (i) removal of access to all offerings within the Restricted Areas, (ii) at Topps’ sole discretion, the deletion of all of your account information on the Services, User Materials, and other content associated with your account(s) on the Services (or any part thereof), and (iii) barring your further use of the Restricted Areas.

DEALINGS WITH ADVERTISERS AND OTHER USERS

Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or agents found on or through the Services, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Topps 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 or third parties on the Sites.

LINKS

The Services may provide links to other sites or resources. Because Topps has no control over such sites and resources, you acknowledge and agree that Topps 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 Topps 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.

OUR PROPRIETARY RIGHTS

All title, ownership and intellectual property rights in and to the data, information, materials, trademarks, service marks, software, photos, videos, images, and other content (collectively, the “Content”) made available through the Services are owned by Topps or its licensors. Unless noted otherwise, you should assume that all Content made available through the Services are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Topps, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content and Services, in whole or in part.

AVAILABILITY OF SERVICES

The Services are made available free of charge.  We do not guarantee that the Services or any content will always be available or uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.

RELIABILITY OF INFORMATION

The content on the Services is provided for general information only.  It is not intended to amount to advice on which you should rely.  While we make reasonable efforts to update the information, we make no representations, warranties, or guarantees, whether express or implied, that the content is accurate, complete, or up to date.

LIMITATIONS ON LIABILITY

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, as may be set forth in our Terms and Conditions of purchase.

We only provide the Services for personal, non-commercial use.  You agree to not use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

NOTICE

Topps may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail, or postings on the Services; provided, however, that this Section places no requirements on Topps not already expressly set forth herein.

TRADEMARK INFORMATION

Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of Topps or any third party that may own the trademarks. Your misuse of any trademarks displayed on the Services, or any other Content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that Topps will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

22. CHOICE OF LAW AND DISPUTE RESOLUTION

These Terms are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.