Legal and Copyrights

Copyright Notice

The materials available through this website are the property of The Topps Company, Inc., or its subsidiaries, licensees, or affiliated companies. Copyright, trademark, and other intellectual property laws protect these materials. Information received through this website may be displayed, reformatted, and printed for your personal, noncommercial use only. You may not reproduce or retransmit the materials, in whole or in part, in any manner, without the prior written consent of the owner of such materials, with the following exception:

You may make single copies of the materials available through this website, solely for your personal, noncommercial use, and only if you preserve any copyright, trademark, or other notices contained in or associated with them. You may not distribute such copies to others, whether or not in electronic form, whether or not for a charge or other consideration, without prior written consent of the owner of the materials.
Disclaimer

Information available through this website may include facts, views, opinions, fiction, works of art, and various forms of advice or recommendations of individuals and organizations. This website does not endorse, assert, or guarantee the quality, truthfulness or reliability of any such facts, views, opinions, fiction, artwork or recommendations made by persons other than authorized service spokespersons for The Topps Company, Inc. This disclaimer specifically applies to content contained in the public postings areas of this website (such as the Fan Fiction and Forum areas) and information provided by celebrity or “expert” guests on this website.

Terms of Service and Conditions of Use

Please read these terms of service and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of use in addition to any other law or regulation that applies to the website, the Internet, and/or the World Wide Web If you do not agree to these terms of service and conditions of use please do not use the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Catalyst Game Labs website following the posting of changes to these terms (including the Catalyst Game Labs website Security and Privacy Policy and house ules will mean you accept those changes.

IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.

Copyright and Ownership

This website is owned and operated by Catalyst Game Labs and its affiliates. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Catalyst Game Labs, its licensors and/or its content providers. All elements of Catalyst Game Labs’s websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Catalyst Game Labs or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Catalyst Game Labs or its licensors unless otherwise expressly agreed.

Restrictions on Use of Materials

Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download documents, audio and video found on our website for personal, informational, and noncommerical purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on this website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on this website.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “software”) are licensed to you by Catalyst Game Labs. Catalyst Game Labs does not transfer title to the software to you. You own the medium on which the software is recorded, but Catalyst Game Labs retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
Corporate Identification, Site Content & Trademarks

All trademarks, service marks and trade names of Catalyst Game Labs used herein are trademarks or registered trademarks of Catalyst Game Labs or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Catalyst Game Labs trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Catalyst Game Labs’s prior written consent. The use of Catalyst Game Labs trademarks on any other website or network computer environment is not allowed. You may not use the Catalyst Game Labs trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Links to Third Parties

This website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Catalyst Game Labs of, or any affiliation with, or endorsement by, the owner of the linked site. Catalyst Game Labs is not responsible for the contents or use of any linked site, or any consequence of making the link.

Fees

For all charges for any products and services sold on the website, Catalyst Game Labs will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse Catalyst Game Labs for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website.

Submissions

Catalyst Game Labs is pleased to hear from its loyal fans and welcomes your comments regarding Catalyst Game Labs products, including Catalyst Game Labs’s online services. Unfortunately, however, Catalyst Game Labs’s long-standing policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Catalyst Game Labs might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials without prior permission. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.

If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “submissions”), the submissions shall be deemed, and shall remain, the property of Catalyst Game Labs. None of the submissions shall be subject to any obligation of confidence on the part of Catalyst Game Labs, and Catalyst Game Labs shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, Catalyst Game Labs shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.

Forums and Public Communication

“Forum” means a chat area, bulletin board, or e-mail function offered as part of the Catalyst Game Labs online presence. You shall not upload to, distribute through, or otherwise publish through an Catalyst Game Labs website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

The forums shall be used only in a non-commercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the house rules whenever you are using any Catalyst Game Labs website.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of registration data (see our Security and Privacy Policy), we will not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of the Catalyst Game Labs website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:

1. comply with the law or comply with legal process served on Catalyst Game Labs.
2. protect and defend the rights or property of Catalyst Game Labs.
3. act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Catalyst Game Labs website(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from Catalyst Game Labs if in Catalyst Game Labs’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Catalyst Game Labs site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

Disclaimer

Your use of and browsing of this website are at your own risk.

EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED [b]AS IS[/b] WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Catalyst Game Labs MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. Catalyst Game Labs DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Catalyst Game Labs DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Catalyst Game Labs) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold Catalyst Game Labs and any affiliated Catalyst Game Labs or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users. Members of any membership area on any Catalyst Game Labs website are entirely responsible for maintaining the confidentiality of their password and account. Members are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unauthorized use of their account or any other breach of security known to them.

Limitation of Liability

IN NO EVENT SHALL THE TOPPS COMPANY, INC. OR ANY AFFILIATED THE TOPPS COMPANY, INC. OR INDIVIDUAL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF Catalyst Game Labs OR AN Catalyst Game Labs AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOPPS COMPANY, INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

No Endorsement

You shall not use Catalyst Game Labs’ name or any language, pictures or symbols which could, in Catalyst Game Labs’ judgment, imply Catalyst Game Labs’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Force Majeure

Neither Catalyst Game Labs nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law

This Website is created and controlled by Catalyst Game Labs in the State of New Hampshire, U.S.A. These disclaimers, terms, and conditions of use are governed by the laws of the State of New Hampshire. By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in Cheshire County, New Hampshire, U.S.A. in all disputes arising out of or relating to the use of this Website. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Catalyst Game Labs’ failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

Additional Terms

Additional terms and conditions may apply to the purchase of product and other uses of this website. By using this website, you agree to such terms and conditions.

Entire Agreement

These terms and conditions are the entire agreement between the user and Catalyst Game Labs and supersedes any prior understandings or agreements (written or oral).

Copyright

All text, images, animation, videos, music, sounds, website design, graphics, text selections, arrangements, and all software are Copyright ©2007 Catalyst Game Labs