Please read this Agreement carefully before accessing or using the Applications. By accessing or using the Applications, 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 or use the Applications. Acceptance is expressly limited to these terms.
Toppy is the app that brings animals to life! Photos of dogs, cats, birds and even crocodiles can sing, talk and move. But they have never yet spoken to people, imitating the facial expressions of their masters! Create messages from your pet and send them to those you want to amuse.
You may use the Service only if you can form a binding contract with Toppy, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from creating an account for the Service. In addition, anyone under 13 may only accept invitations from parents / legal guardians to join their account. The Service is not available to any Users previously removed from the Service by Toppy.
If you create Toppy account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Toppy of any unauthorized uses of your account or any other breaches of security. Toppy will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you create or submit any content whatsoever (Content) to the Applications, or allow any third party to create or submit Content to the Applications, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, graphics, video, location data, or binary data. By submitting Content, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your account is not named in a manner that misleads your partner into thinking that you are another person. For example, your name and email address do not belong to someone other than yourself.
BBy submitting Content to Toppy for inclusion in the Applications, you grant Toppy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying to the person with whom you were paired, or from whom you were waiting to confirm pairing, at the time of submission. If you delete Content, Toppy will use reasonable efforts to remove it from the database, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
There is no tolerance for objectionable content or abusive users. Without limiting any of those representations or warranties, Toppy has the right (though not the obligation) to, at Toppy's sole discretion (i) refuse or remove any content that, in Toppy's reasonable opinion, violates any Toppy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Applications to any individual or entity for any reason, at Toppy's sole discretion. Toppy will have no obligation to provide a refund of any amounts previously paid.
Toppy has not reviewed, and cannot review, the Content submitted to the Applications, and cannot therefore be responsible for that Content's content, use or effects. By operating the Applications, Toppy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Toppy disclaims any responsibility for any harm resulting from the use by users of the Applications, or from any downloading by those users of content there posted.
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Applications link, and that link to the Applications. Toppy does not have any control over those websites, and is not responsible for their contents or their use. By linking to such website or webpage, Toppy does not represent or imply that it endorses such website or webpage. Toppy disclaims any responsibility for any harm resulting from your use of these websites and webpages.
This Agreement does not transfer from Toppy to you any Toppy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Toppy. Toppy, and all other trademarks, service marks, graphics and logos used in connection with the Applications are trademarks or registered trademarks of Toppy or Toppy's licensors. Other trademarks, service marks, graphics and logos used in connection with the Applications may be the trademarks of other third parties. Your use of the Applications grants you no right or license to reproduce or otherwise use any Toppy or third-party trademarks.
Toppy reserves the right to display advertisements in the Applications.
Toppy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. Toppy may also, in the future, offer new services and/or features through the Applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Toppy may terminate your access to all or any part of the Applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Applications, or you may request account deletion by emailing email@example.com. Your data will be deleted within sixty (60) days. 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.
The Applications are provided as is. Toppy and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Toppy nor its suppliers and licensors, makes any warranty that the Applications 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 Applications at your own discretion and risk.
a) Premium is a paid subscription service from Toppy that includes (where available):
- Ability to add photos of your pets and edit them.
b) Billing Policies.
If you elect to use Premium Subscription, you agree to the pricing and payment terms, as we may update them from time to time. Toppy may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
c) Pricing and Payment Terms
Toppy Subscription is payable in advance. All subscription and access charges for the Service are payable in advance. Toppy reserves the right to offer free trial period, that will automatically renew to a paid subscription at the trial’s end. Toppy is not responsible for any charges or expenses you incur resulting from charges billed by Toppy in accordance with the Terms of Service (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts), you authorize Toppy to continue charging the payment method for all charges due Toppy until your Premium Subscription account is settled and is terminated by either you or Toppy.
d) No Refunds.
You may cancel your Toppy account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling your Premium Subscription service, your subscription will be valid until your paid period is completed.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In no event will Toppy, 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 Toppy under this agreement during the twelve (12) month period prior to the cause of action. Toppy 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.
You agree to indemnify and hold harmless Toppy, 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 Applications, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Toppy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Toppy, or by the posting by Toppy of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, access to or use of the Applications will be governed by the laws of the United States, 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 courts located in Newark, Delaware, the United States. 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 arbitration rules. The arbitration shall take place in Newark, Delaware, the United States, 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; Toppy 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.
Please contact us firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on January 7th, 2019.