Last Updated: March 05, 2022. Version 1.0
The ByTopics.com website located at https://www.bytopics.com/ is a copyrighted work belonging to ByTopic.com. Certain Site features may be subject to additional guidelines, terms, or rules posted on the Site in connection with such features.
BY LOGGING INTO THE SITE, YOU ARE COMPLIANT THESE TERMS, and you represent that you have the authority and capacity to enter into these Terms. IF YOU DISAGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND USE THE SITE. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE.
Access to the Site
Subject to these Terms. The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions:
(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
(b) you shall not change, do derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
(c) you shall not access the Site to build a similar or competitive website;
(d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
The Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its supplier’s reserve all rights not granted in these Terms.
User Content. “User Content” means all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You now certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Company.
Because you alone are responsible for your User Content, you may expose yourself to liability. The Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your backup copies of your User Content if you desire.
You now grant to Company an irreversible, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the preceding rights, solely to include your User Content in the Site. You now irreversibly waive any claims and assertions of moral rights or attribution concerning your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right or any intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(iii) that is harmful to minors in any way; or (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
(i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data;
(ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
(iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks;
(v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site;
(vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content and investigate and take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account by Section 8, and reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site, you at this moment assign all rights to Company in such Feedback. The Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of;
(a) your use of the Site,
(b) your violation of these Terms,
(c) your violation of applicable laws or regulations or,
(d) your User Content.
The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any case without the Company’s prior written consent. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services and display advertisements for third parties. Such Third-Party Links & Ads are not under the control of the Company, and Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only to convenience you. It does not review, approve, monitor, endorse, warrant, or make representations concerning Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content provided by you or others. If there is a dispute between you and any Site user, we are under no obligation to become involved. You agree that the Company will not be liable for any loss or damage incurred due to such interactions.
You now release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and at this moment waive and relinquish, each past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the Site. If you are a California resident, you at this moment waive California civil code section 1542 in connection with the preceding, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons. Like any other website, ByTopics.com uses ‘cookies.’ These cookies are used to store information, including visitors’ preferences and the pages on the website that the visitor accessed or visited. The data is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and other information.
The Site is provided on an “as-is” and “as available” basis, and Company and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Our suppliers and we do not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code complete, legal, or safe. If applicable law requires any warranties for the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall Company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site even if Company has been advised of the possibility of such damages. Access to and use of the Site is at your discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting from there.
You agree that our suppliers will have no liability of any kind arising from or relating to this Agreement. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deleting your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
The Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. Suppose you believe that one of our users is unlawfully infringing the copyright(s) in work through the use of our Site and wish to have the allegedly infringing material removed. In that case, the following information in the form of a written notification (under 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed, or that you are authorized to act on behalf of the copyright owner.
Please note that under 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notice and allegation of copyright infringement.
These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address.
If the last email address you have provided us is not valid, our dispatch of the email containing such notice will constitute adequate notice of the changes described in the statement. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. This Arbitration Agreement applies to you and the Company and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Company should be sent to California / San Francisco.
After the notice is received, you and the Company may attempt to informally resolve the claim or dispute. If you and the Company do not resolve the claim or dispute within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the award amount to which either party is entitled.
Arbitration Rules. The arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as outlined in this Section.
If A.A.A. is not available to arbitrate, the parties shall agree to select an alternative A.D.R. Provider. The rules of the A.D.R. Provider shall govern all aspects of the arbitration except to the extent such rules conflict with the Terms.
The A.A.A. Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the A.A.A. at 1-800-778-7879. A single, neutral arbitrator shall conduct the arbitration. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (U.S. $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (U.S. $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence unless you reside outside of the United States and unless the parties agree otherwise.
If you live outside the U.S., the arbitrator shall give the parties reasonable notice of any oral hearings date, time, and place. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award more excellent than the last settlement offer that the Company made to you before the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and expenses of the A.D.R. Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and based solely on written submissions; the party initiating the arbitration shall choose the specific manner. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and demanded within the statute of limitations and within any deadline imposed under the A.A.A. Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities and the Company. The dispute will not be consolidated with any other matters or joined with other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the power to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the A.A.A. Rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
The arbitrator shall issue a written award and statement describing the essential findings and conclusions on which the award is based. The arbitrator’s award is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES now WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to minimal review by a court. In the event, any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY waives ALL RIGHTS TO A JURY TRIAL, instead electing that a judge resolves the dispute.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, enforce an arbitration award, or seek injunctive or equitable relief.
Severability. Suppose any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction. In that case, such specific features shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations outlined in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court. Nonetheless, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Anyhow the previous, either party may seek equitable emergency relief before a state or federal court to maintain the status quo pending arbitration.
Claims Not Subject to Arbitration. Notwithstanding the preceding, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the prior Arbitration Agreement permits the parties to litigate in court, the parties now agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
The Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email.
For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copywriting.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Suppose any provision of these Terms is held to be invalid or unenforceable.
In that case, the other provisions of these Terms will be unimpaired. The invalid or unenforceable provision will be modified to be valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the previous will be null and void. The Company may freely assign these Terms. The terms and conditions outlined in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of a third party that may own the Marks.
Address: California / San Francisco