Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Topophi, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
- Responsibility of Website Visitors. Topophi tries its best to ensure all information posted on the website is accurate and up to date. However, Topophi is unable to make guarantees that the information displayed on the website is 100% error free. You may find that information listed on the website to differ in the real world. You should exercise judgment in your use of this content when planning your trips to the outdoors. Always be prepared when traveling to the outdoors. Topophi is not a subsitute for being a well-informed, well-prepared, skilled and smart backpacker.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Topophi.com links, and that link to Topophi.com. Topophi does not have any control over those non-Topophi websites and webpages, and is not responsible for their contents or their use. By linking to a non-Topophi website or webpage, Topophi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Topophi disclaims any responsibility for any harm resulting from your use of non-Topophi websites and webpages.
- Copyright Infringement and DMCA Policy. As Topophi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Topophi.com violates your copyright, you are encouraged to notify Topophi. Topophi will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
- Intellectual Property. This Agreement does not transfer from Topophi to you any Topophi or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Topophi. Topophi, Topophi.com, the Topophi logo, and all other trademarks, service marks, graphics and logos used in connection with Topophi.com, or the Website are trademarks or registered trademarks of Topophi or Topophi’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Topophi or third-party trademarks.
- Advertisements. Topophi reserves the right to display advertisements on Topophi.com
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. We reserve the right to make any change at any time without warning. We will try, but cannot guarantee, that if we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Topophi.com within the designated notice period. Your continued use of Topophi.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. Topophi may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Topophi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Topophi nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Topophi, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Topophi under this agreement during the twelve (12) month period prior to the cause of action. Topophi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Topophi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. (a) TOPOPHI AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS. (b) TOPOPHI AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between Topophi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Topophi, or by the posting by Topophi of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Irvine, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Topophi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- April 1 2015: Initial Terms of Service, derived from Automattic's Terms of Service (Creative Commons)