Terms and Conditions

SERVICE TERMS & CONDITIONS

LAST UPDATED: August 12, 2019

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

1. ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms”) apply to all websites, apps, and online services (collectively, the “Services”) operated by GMG Lifestyle Entertainment, Inc. (d/b/a Topps Digital Services) (“Topps”) where the Terms are posted. Topps (“we,” “us,” “our”) provides the Services to you subject to your acceptance of these Terms and our online Privacy Policy, which is incorporated herein by reference. 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.

2. DESCRIPTION OF SERVICES

We provide comprehensive professional services and technology platform solutions for our clients’ global gift card & stored value programs across all retailers, countries, currencies and methods of distribution. When using Topps owned or operated Services, you 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 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.

3. INDEMNITY

You agree to defend, indemnify and hold harmless Topps, its parent company, affiliates, subsidiaries, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney’s fees) made by any third party due to or arising out of your use of the Services, any transaction resulting from use of the Services, your connection to the Services, your violation of these Terms, your submission, posting, or transmission of User Materials to the Services, and/or your violation of any rights of another.

4. MODIFICATIONS TO SERVICE

Topps reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof), 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.

5. 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.

6. 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.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOPPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TOPPS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
  • ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPPS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT TOPPS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPPS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

9. 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 MAY NOT APPLY TO YOU.

10. 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.

11. 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.

12. 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.

13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Topps may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. 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 Topps’ Copyright Agent a Notice containing 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 Services;
  • your address, telephone number, and e-mail 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.

Topps’ Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Copyright Agent, The Topps Company, Inc., One Whitehall Street, New York, NY 10004.

Email: copyright@topps.com; Phone: 212-376-0300

14. CHOICE OF LAW AND DISPUTE RESOLUTION

These Terms are governed by laws of the State of New York, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within New York, New York, for any claims arising out of or relating to your use of the Services.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms or your use of Services or Content (“Dispute”), any dispute, controversy or claim shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Topps’ intellectual property rights, Topps may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no dispute under these Terms shall be joined to a dispute involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

15. GENERAL INFORMATION

Waiver and Severability of Terms. The failure of Topps to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 Terms remain in full force and effect.

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 the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

16. VIOLATIONS

You agree that you will report any violations of the TOS to support@topps.com

17. QUESTIONS

Please contact support@topps.com by email using the subject line “Terms of Service questions” if you have any questions or comments about these Terms.