Topknot Terms of Service
Last updated: February 1, 2022
Welcome to Topknot! These Terms of Service (“Terms”) apply to your access to and use of withtopknot.com and any other products or services that link to these Terms (the “Services”). Topknot is provided by Topknot Inc. (“Topknot,” “we” or “us”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. If we make changes to these Terms, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on the Services. Your continued use of the Services will confirm your acceptance of the changes.
1. Privacy Policy.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2. Eligibility.
By accessing the Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The Services are not targeted towards, nor intended for use by, anyone under the age of 18. You must be at least 18 years of age to access or use the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Topknot and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
3. Modifications.
Topknot reserves the right to modify or discontinue, temporarily or permanently the Services, or any features or portions of the Services, without prior notice. You agree that Topknot will not be liable for any modification, suspension or discontinuance of the Services, or any part of Services.
4. What We Own & What Rights We Grant You.
The Services contain data, text, photographs, images, video, audio, graphics, articles, comments, software, design of and "look and feel," layout, code, scripts and other content supplied by us or our licensors, which we call “Topknot Content.” Topknot Content is protected by U.S. copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All Topknot trademarks and service marks, logos, slogans and taglines are the property of Topknot. Except as explicitly stated in these Terms, Topknot does not grant any express or implied rights to use Topknot Content or intellectual property displayed on the Services without our express written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or used on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Topknot.
You are granted a limited, nonexclusive, non-transferable, and non-sublicensable license to access and use the Services and Topknot Content for your personal, non-commercial use. Any use of the Service or Topknot Content other than for personal and non-commercial purposes is strictly prohibited. This license is subject to these Terms and does not include any right to: (a) distribute, sublicense, publicly perform or publicly display any Topknot Content; (b) modify or otherwise make any derivative uses of Services or Topknot Content, or any portion thereof; (c) use any data mining, robots or similar data gathering or extraction methods; and (d) use the Services or Topknot Content other than for their intended purposes. We reserve all rights not expressly granted in this Agreement. Any use of the Services or Topknot Content other than as authorized in these Terms is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.
5. Account Security.
To use certain features of our Services, you may be required to create a Topknot account (an "Account") and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Topknot if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
6. Content You Provide to Us & Rights you Grant to Us.
You are legally responsible for all information, data, text, photographs, images, video, audio, graphics, articles, comments, software, or other content uploaded, posted or stored in connection with your use of the Services ( your “Content”). Topknot is not responsible for your Content or content provider by other members who use the Services (“User Content”). You acknowledge that Topknot has no obligation to pre-screen your Content or other User Content, although Topknot reserves the right in its sole discretion to pre-screen, refuse or remove any of your Content or User Content. By using the Services, you hereby provide your irrevocable consent to such monitoring.
You hereby grant Topknot a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, your Content for any purpose to the extent permissible by applicable law and hereby represent and warrant that you have all the rights necessary to grant us such license. Additionally, you grant Topknot the right to use your username in connection with said comments, subject to our Privacy Policy.
7. Third-Party Content and Sites.
The Services may include links and other content owned or operated by third parties, including advertisements (we call these “Third-Party Content“). You agree that Topknot is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that these Terms no longer govern and that the terms and policies of those third-party sites or services will then apply.
8. User Conduct.
When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Code of Conduct so that we all may continue to use and enjoy the Services. When accessing or using the Services, you also agree that you will not:
infringes or violates the intellectual property rights or any other rights of anyone else (including Topknot);
any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Topknot;
personal information of other users of the Services or attempts, in any manner, to obtain the password, account, or other security information from any other user without their express permission;
the security of any computer network, or cracks any passwords or security encryption codes;
Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
9. Feedback
You may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call this “Feedback“). You acknowledge and agree that Feedback is non-confidential and will become the sole property of Topknot. Topknot shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and is entitled to the unrestricted use and dissemination of this Feedback for any purpose, without acknowledgment or compensation to you. You agree to execute any documentation required by Topknot to confirm such assignment to Topknot.
10. Termination
These Terms are effective unless and until terminated by either you or Topknot. You may terminate these Terms as they apply to you at any time by ceasing to use the Services. Topknot may terminate these Terms at any time immediately and without notice, and accordingly deny you access to the Services, for any reason in its sole discretion; however, the provisions in these Terms that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms.
11. Copyright Complaints
Topknot respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify Topknot’s Designated Agent by sending an email to legal@withtopknot.com or contacting:
Copyright Agent:
851 Indiana St, Unit 504
San Francisco, CA 94107
(412) 444-5015
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Topknot or the alleged infringer, as the result of Topknot’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
12. Indemnification
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Topknot, our independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, the “Topknot Parties“), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”), whether in contract or in tort, that are caused by, arise out of or are related to: (a) your use or misuse of the Services or the Topknot Content; (b) your Content or any Feedback you provide; and/or (c) your violation of these Terms or the rights of others.
13. Warranty Disclaimers
Topknot and its licensors, suppliers, partners, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Topknot and all such parties together, the “Topknot Parties”) make no representations or warranties concerning the Services, including without limitation regarding your Content, Topknot Content or any User Content contained in or accessed through the Services, and the Topknot Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Topknot Parties make no representations or warranties regarding suggestions or recommendations, including of services or products, offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY TOPKNOT (AND ITS LICENSORS AND SUPPLIERS) 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, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TOPKNOT OR ANY OF THE TOPKNOT PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Applicable Law and Venue
We want you to enjoy Topknot, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at legal@withtopknot.com.
For any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California; and you consent to personal jurisdiction in these courts.
16. Severability
If any term, clause or provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Entire Agreement.
These Terms (together with our Privacy Policy and the Code of Conduct which is expressly incorporated herein by reference and which can be accessed on this Site) contain the entire understanding and agreement between you and Topknot with respect to your use and access of the Services, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Services. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Topknot. No other representative has any authority to waive, alter, vary or add to these Terms. Before using this Services please read through all referenced documents carefully.
18. Questions & Contact Information
Questions or comments about the Services may be directed to legal@withtopknot.com
Welcome to Topknot! These Terms of Service (“Terms”) apply to your access to and use of withtopknot.com and any other products or services that link to these Terms (the “Services”). Topknot is provided by Topknot Inc. (“Topknot,” “we” or “us”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. If we make changes to these Terms, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on the Services. Your continued use of the Services will confirm your acceptance of the changes.
1. Privacy Policy.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2. Eligibility.
By accessing the Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The Services are not targeted towards, nor intended for use by, anyone under the age of 18. You must be at least 18 years of age to access or use the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Topknot and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
3. Modifications.
Topknot reserves the right to modify or discontinue, temporarily or permanently the Services, or any features or portions of the Services, without prior notice. You agree that Topknot will not be liable for any modification, suspension or discontinuance of the Services, or any part of Services.
4. What We Own & What Rights We Grant You.
The Services contain data, text, photographs, images, video, audio, graphics, articles, comments, software, design of and "look and feel," layout, code, scripts and other content supplied by us or our licensors, which we call “Topknot Content.” Topknot Content is protected by U.S. copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All Topknot trademarks and service marks, logos, slogans and taglines are the property of Topknot. Except as explicitly stated in these Terms, Topknot does not grant any express or implied rights to use Topknot Content or intellectual property displayed on the Services without our express written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or used on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Topknot.
You are granted a limited, nonexclusive, non-transferable, and non-sublicensable license to access and use the Services and Topknot Content for your personal, non-commercial use. Any use of the Service or Topknot Content other than for personal and non-commercial purposes is strictly prohibited. This license is subject to these Terms and does not include any right to: (a) distribute, sublicense, publicly perform or publicly display any Topknot Content; (b) modify or otherwise make any derivative uses of Services or Topknot Content, or any portion thereof; (c) use any data mining, robots or similar data gathering or extraction methods; and (d) use the Services or Topknot Content other than for their intended purposes. We reserve all rights not expressly granted in this Agreement. Any use of the Services or Topknot Content other than as authorized in these Terms is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.
5. Account Security.
To use certain features of our Services, you may be required to create a Topknot account (an "Account") and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Topknot if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
6. Content You Provide to Us & Rights you Grant to Us.
You are legally responsible for all information, data, text, photographs, images, video, audio, graphics, articles, comments, software, or other content uploaded, posted or stored in connection with your use of the Services ( your “Content”). Topknot is not responsible for your Content or content provider by other members who use the Services (“User Content”). You acknowledge that Topknot has no obligation to pre-screen your Content or other User Content, although Topknot reserves the right in its sole discretion to pre-screen, refuse or remove any of your Content or User Content. By using the Services, you hereby provide your irrevocable consent to such monitoring.
You hereby grant Topknot a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, your Content for any purpose to the extent permissible by applicable law and hereby represent and warrant that you have all the rights necessary to grant us such license. Additionally, you grant Topknot the right to use your username in connection with said comments, subject to our Privacy Policy.
7. Third-Party Content and Sites.
The Services may include links and other content owned or operated by third parties, including advertisements (we call these “Third-Party Content“). You agree that Topknot is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that these Terms no longer govern and that the terms and policies of those third-party sites or services will then apply.
8. User Conduct.
When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Code of Conduct so that we all may continue to use and enjoy the Services. When accessing or using the Services, you also agree that you will not:
infringes or violates the intellectual property rights or any other rights of anyone else (including Topknot);
any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Topknot;
personal information of other users of the Services or attempts, in any manner, to obtain the password, account, or other security information from any other user without their express permission;
the security of any computer network, or cracks any passwords or security encryption codes;
Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
9. Feedback
You may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call this “Feedback“). You acknowledge and agree that Feedback is non-confidential and will become the sole property of Topknot. Topknot shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and is entitled to the unrestricted use and dissemination of this Feedback for any purpose, without acknowledgment or compensation to you. You agree to execute any documentation required by Topknot to confirm such assignment to Topknot.
10. Termination
These Terms are effective unless and until terminated by either you or Topknot. You may terminate these Terms as they apply to you at any time by ceasing to use the Services. Topknot may terminate these Terms at any time immediately and without notice, and accordingly deny you access to the Services, for any reason in its sole discretion; however, the provisions in these Terms that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms.
11. Copyright Complaints
Topknot respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify Topknot’s Designated Agent by sending an email to legal@withtopknot.com or contacting:
Copyright Agent:
851 Indiana St, Unit 504
San Francisco, CA 94107
(412) 444-5015
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Topknot or the alleged infringer, as the result of Topknot’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
12. Indemnification
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Topknot, our independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, the “Topknot Parties“), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”), whether in contract or in tort, that are caused by, arise out of or are related to: (a) your use or misuse of the Services or the Topknot Content; (b) your Content or any Feedback you provide; and/or (c) your violation of these Terms or the rights of others.
13. Warranty Disclaimers
Topknot and its licensors, suppliers, partners, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Topknot and all such parties together, the “Topknot Parties”) make no representations or warranties concerning the Services, including without limitation regarding your Content, Topknot Content or any User Content contained in or accessed through the Services, and the Topknot Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Topknot Parties make no representations or warranties regarding suggestions or recommendations, including of services or products, offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY TOPKNOT (AND ITS LICENSORS AND SUPPLIERS) 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, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TOPKNOT OR ANY OF THE TOPKNOT PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Applicable Law and Venue
We want you to enjoy Topknot, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at legal@withtopknot.com.
For any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California; and you consent to personal jurisdiction in these courts.
16. Severability
If any term, clause or provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Entire Agreement.
These Terms (together with our Privacy Policy and the Code of Conduct which is expressly incorporated herein by reference and which can be accessed on this Site) contain the entire understanding and agreement between you and Topknot with respect to your use and access of the Services, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Services. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Topknot. No other representative has any authority to waive, alter, vary or add to these Terms. Before using this Services please read through all referenced documents carefully.
18. Questions & Contact Information
Questions or comments about the Services may be directed to legal@withtopknot.com
Want to chat? Reach us at hello@withtopknot.com
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