Terms and Conditions

The following details the terms and conditions of use and your obligations when using the topikality website. You can also review our Privacy Policy, which outlines our commitments towards handling any personal information that you may provide to us.

Acceptance of terms of use

The web pages available at topikality.com, and all linked pages under that domain (“Site”), are owned and operated by Directed News Pty Ltd. (“topikality”), and are accessed by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TOPIKALITY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Changes to the terms of use

topikality may make changes to these terms and conditions at any time. If the alterations constitute a material change to the terms of use topikality will post an announcement on the site. What constitutes a “material change” will be determined at topikality’s sole discretion.

You understand and agree that if you use the Services after the date on which the terms of use have changed, topikality will treat your use as acceptance of the updated terms of use.

Provision of the service by topikality

The Service is designed to help you find articles of information, news, comment and resources that resides on sites not owned, operated or controlled by topikality. In particular, the Service provides a brief review of the article to help you identify the that are relevant to you. When you select a article, you will be linked to the site on which that article appears.

topikality owns and retains all intellectual property rights to the Service; but topikality does not claim ownership rights to the full news articles, which are instead held by the sites to which the Service links.

topikality may alter, suspend or cease providing the Services for any reason, at any time, including the availability of any feature or content. topikality may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

User conduct

As a condition of use, you undertake not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use or relevant laws, or any other purpose not reasonably intended by topikality.

Specifically, but not exhaustively, you agree not to use the Service or Services:
• to abuse, harass, stalk, threaten, pressure, impersonate or intimidate other topikality users;
• to post or cause to be posted or transmitted, any Content of any type that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
• for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
• cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any topikality user;
• to violate any laws in your, or any relevant, jurisdiction (including but not limited to copyright laws);
• to submit articles linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories, or off-topic content;
• with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
• you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonably large workload on our infrastructure; (ii) attempt to interfere with the proper working of the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• with the intention of artificially altering the ‘topikality popularity rating’, or any other topikality service; participating in any other organized effort that in any way artificially alters the results of topikality’ services;
• to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• attempt to impersonate another user, person or organisation;
• sell or transfer your profile to another person or entity.

Registration obligations

As a condition to using these Services, you are required to register with topikality (“topikality User ID”). You shall provide topikality with correct, complete, and up-to-date registration information. Failure to do so constitutes a breach of the Terms of Use, which may result in a request to provide correct details or immediate termination of your topikality account.

You may not (i) select or use as a topikality User ID a name of another person with the intent to impersonate that person; (ii) use as a topikality User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a topikality User ID a name that is otherwise offensive, pornographic, vulgar or obscene. topikality reserves the right to refuse registration of, request a change to a topikality User ID, or cancel a topikality User ID in its sole discretion.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with an account you use to access the Services. You agree that you will be solely responsible to topikality for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify topikality immediately at info@topikality.com.au.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not qualify under of the these conditions please do not attempt to register for or use the Services.

topikality may remove, or suspend, any Content and topikality accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: info@topikality.com.au.

Your privacy

Please read topikality privacy policy. This policy explains how topikality treats your personal information, and protects your privacy when you use the Services. You agree to the use of your data in accordance with topikality’ privacy policies.

Content and topikality

You understand that all information (including but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to through your use of the Services are the sole responsibility of the person from which the content originated. All such information is referred to as the “Content”.

You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the providers of that Content to topikality (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content, in a separate agreement.

topikality reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, tag, modify, refuse or remove any or all Content from any Service.

You understand that when using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that topikality has no responsibility to you or to any third party) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which you, a third party or topikality may suffer) by doing so.

By uploading, submitting or otherwise disclosing or distributing your own news content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at the Creative Commons website. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.

Copyright and intellectual property

topikality is respectful of the copyright and the intellectual property (IP) rights of others. topikality’ policy is to act quickly to respond and solve claims of copyright and IP infringement in accordance with all applicable laws. Resultant actions may include the removal or disablement of access to any material or link claimed to be infringing an applicable law. If this infringement is the result of a topikality user this person’s account may be terminated without notice.

Notifying topikality of a Copyright Infringement: To notify topikality notice of an infringement, email info@topikality.com.au. Please note that you may be liable for damages (including costs and legal fees) should you materially misrepresent that an activity is infringing your copyright.

If you believe that your content does not constitute infringement, email info@topikality.com.au. Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is not infringing the copyrights of others.

Indemnity of topikality

You will indemnify and hold harmless topikality, all related corporate entities, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable legal fees and cost) from any claim or demand made by any third party due to or arising out of your access to the topikality website, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or topikality User ID, of any intellectual property or other right of any person or entity.

Warranty disclaimers

You understand and agree that topikality has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release topikality from all liability for you having acquired or not acquired Content through the Site.

The Site may contain, or direct you to other sites containing, information that some people may find offensive or inappropriate. topikality makes no representations concerning any content contained in or accessed through the Site, and topikality will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES AND TERRITORIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

External links

The Services provides, or third parties may provide, links to other World Wide Web sites or resources. Because topikality has no control over such sites and resources, you understand and agree that topikality 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 topikality 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.

Limitation of liability

IN NO EVENT SHALL TOPIKALITY OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Termination

topikality may terminate or suspend any and all Services and your topikality account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease.

Should you wish to terminate your topikality account, you may simply discontinue using the Services.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind topikality in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

topikality shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond topikality’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

The Terms of Use is not assignable, transferable or sub-licensable by you except with topikality’ prior written consent. topikality may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

The Terms of Use shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia, as if made within New South Wales, Australia between two residents thereof, and the parties submit to the exclusive jurisdiction of New South Wales, Australia.

Notwithstanding the foregoing sentence, (but without limiting topikality’ right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an independent arbitrator. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an independent arbitrator which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in New South Wales, Australia using the English language and pursuant to the relevant rules of New South Wales, Australia.

In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and legal fees.

Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Trademarks

topikality, other topikality graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of topikality in Australia and/or other countries. topikality’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.