1. Introduction

By accessing or using the Topaz Media Service (the "Service"), you agree to these Terms and Conditions and our Privacy Policy. If you do not agree, do not use the Service. These Terms govern your use of the website, platform, and services offered by Topaz Media.

• Acceptance: By registering or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other policies referenced herein.
• Service Description: Topaz Media provides [describe service – e.g., digital signage software, media management tools, etc.] and related functionalities (the "Service"). The Service is provided "as is" without any warranties.

2. Eligibility and Account Registration

To use the Service, you must create an account. By registering, you affirm that you are at least 18 years old and are legally capable of entering into this Agreement.

• Account Creation: You are responsible for maintaining the accuracy of your account information, and you must provide truthful details when signing up.
• Account Security: You are solely responsible for keeping your login credentials secure. Any activity under your account will be your responsibility.
• Age Restriction: The Service is not intended for use by anyone under the age of 18. Users must confirm they meet the age requirement before creating an account.

3. User Responsibilities

• Content Responsibility: You are fully responsible for any content you upload, create, or share through the Service, including text, images, videos, and other materials (each, a "Presentation").
• Prohibited Content: You agree not to upload or distribute any content that violates applicable laws, infringes on third-party rights, or contains offensive, defamatory, or illegal materials.
• Compliance with Laws: You must ensure that your content complies with all local, national, and international laws, including intellectual property rights and data protection regulations.

4. Content Ownership and Licensing

• Retention of Ownership: You retain ownership of your Presentations and other materials you upload to the Service, subject to the license granted below.
• License to Topaz Media: By submitting your content to the Service, you grant Topaz Media a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and publicly display your Presentations solely to provide the Service to you.
• Third-Party Content: If your content includes materials from third-party sources, you are responsible for ensuring that you have the appropriate licenses or permissions to use such content on the Service.

5. Prohibited Content and Conduct

• Violations of Intellectual Property: Do not upload or share content that infringes on third-party copyrights, trademarks, or other intellectual property rights.
• Harmful Content: You must not upload content that:
  • Harasses, defames, or threatens others.
  • Contains malware, viruses, or any other harmful software.
  • Violates privacy rights, including sharing personal data without consent.
• Illegal Activities: You agree not to use the Service for illegal activities or to promote illegal content. This includes activities like fraud, harassment, or distribution of unlawful materials.

6. Payment Terms (If Applicable)

• Pricing: Use of certain features of the Service may require payment. Prices for services are provided on the website or through communication channels at the time of purchase.
• Subscription Fees: If you subscribe to the Service, you agree to pay the associated subscription fees. Subscription fees may automatically renew unless canceled by you.
• Refund Policy: All payments are non-refundable, unless otherwise explicitly stated. You acknowledge and agree to this policy upon subscribing.
• Billing: You authorize us to charge your provided payment method for subscription or purchase fees, including any applicable taxes.

7. Limitations of Liability

• No Liability for Damages: Topaz Media will not be liable for any indirect, incidental, consequential, or punitive damages arising out of the use or inability to use the Service. This includes, but is not limited to, loss of data, profits, or business opportunities.
• Limited Liability: In no case will our liability to you exceed the total amount paid by you for the Service in the last 12 months.
• Third-Party Links: Topaz Media is not responsible for any third-party websites, content, or services that may be linked through the Service.

8. Termination and Suspension

• Termination by You: You may terminate your account by following the cancellation process outlined in the Service settings. Upon termination, you will lose access to your account and content.
• Termination by Topaz Media: We reserve the right to suspend or terminate your account at our discretion, including if you violate these Terms, engage in illegal activities, or if your account becomes inactive for 90 days.
• Consequences of Termination: Upon termination, all rights to use the Service and your content will be revoked, and your content may be deleted in accordance with our Privacy Policy.

9. Privacy and Data Protection

• Data Collection: We collect certain personal information to provide and improve the Service. For details, refer to our Privacy Policy.
• Compliance with Laws: We comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.
• User Data Rights: You have the right to access, correct, or delete your personal data at any time. Please see our Privacy Policy for more details on how to exercise these rights.

10. Indemnification

• Your Responsibility: You agree to indemnify and hold Topaz Media and its affiliates harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your content, or your violation of these Terms.
• Third-Party Claims: If a third party claims that your content infringes their intellectual property rights, you agree to indemnify us from any legal costs or damages associated with such claims.

11. Governing Law and Dispute Resolution

• Governing Law: These Terms will be governed by the laws of [State/Country], without regard to its conflict of law principles.
• Dispute Resolution: Any disputes arising from or related to these Terms will be resolved through binding arbitration in [City], [State/Country]. You waive any right to a jury trial in connection with disputes under these Terms.
• Class Action Waiver: You agree that any claims will be resolved individually, and you waive any right to participate in class actions or group lawsuits.

12. Force Majeure

• Non-Liability for Force Majeure: We will not be held liable for delays or failures in performance due to causes beyond our reasonable control, including but not limited to natural disasters, technical failures, or governmental actions.

13. Miscellaneous

• Changes to Terms: Topaz Media reserves the right to update these Terms at any time. You will be notified of significant changes, and your continued use of the Service after such changes will constitute acceptance of the updated Terms.
• Severability: If any provision of these Terms is deemed invalid or unenforceable, the remainder of these Terms will remain in full force.
• Entire Agreement: These Terms represent the entire agreement between you and Topaz Media and supersede all prior agreements or understandings.

14. Intellectual Property

• Ownership of Service: The Service, including all content, software, design, trademarks, and other intellectual property, is owned by Topaz Media or its licensors. You are granted a limited, non-exclusive license to use the Service in accordance with these Terms.
• Infringement: If you believe your intellectual property has been infringed upon by the Service, please follow the procedure outlined in our Copyright Policy to notify us of the infringement.

15. Use of Content from Third-Party Platforms (YouTube, Google, Pixabay, TikTok, Facebook, Instagram, and Others)

16. Compliance with Copyright Laws and Licensing Requirements

• You are responsible for ensuring that all content you upload, display, or distribute via the Service complies with applicable copyright, trademark, and intellectual property laws. This includes content sourced from third-party platforms like YouTube, Google, Pixabay, TikTok, Facebook, Instagram, and others.

16.1 Copyright Infringement and DMCA Compliance

• You acknowledge that you will not upload, post, or share any content on the Service that infringes upon the copyrights or other intellectual property rights of others. If you believe that any content available on the Service infringes upon your intellectual property rights, please notify us by following the procedure outlined in the DMCA Takedown Notice or our Copyright Policy.

16.2 Licensing Requirements

• If you are using any content from third-party sources (e.g., YouTube, Google, Pixabay, TikTok, Facebook, Instagram), you must ensure that:
• You have the appropriate license to use, distribute, or display the content in your Presentations.
• Any required attribution or credits are provided in compliance with the platform's policies.

17. User-Submitted URLs and Scraped Content

• By using the Service, you acknowledge and agree to the following terms regarding the submission of URLs and the scraping of content:

17.1 User Responsibility

• You are solely responsible for any URLs you submit to the Service. By submitting a URL, you represent and warrant that:
• You have the necessary rights or permissions to use, display, and distribute the content hosted at the URL.
• The content linked from the URL does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of third parties.
• The content linked to does not violate any third-party Terms of Service, including but not limited to the scraping or redistribution prohibitions outlined by the website’s owner.

17.2 Scraping and Redistribution of Content

• The Service may automatically scrape video content from the URLs you provide. By submitting a URL, you agree that:
• The Service may copy and store video content from the URL in its internal storage for the purpose of providing content playback to you and other users.
• You are solely responsible for ensuring that the content being scraped does not violate the copyright, trademark, or other intellectual property rights of the website or its owners.
• The Service does not grant you any ownership rights in the content scraped from third-party websites, and the Service does not make any representations regarding the legality or availability of such content.

17.3 Compliance with Third-Party Terms of Service

• You acknowledge that many third-party websites (including news, media, adult content, and other content platforms) have specific Terms of Service that govern the use and distribution of their content. By using the Service, you agree that:
• You will comply with all applicable terms and conditions of any third-party website from which content is scraped.
• The Service is not responsible for ensuring compliance with these third-party Terms of Service, nor does the Service endorse or authorize any actions that violate the Terms of Service of any third-party platform.

17.4 Copyright and Intellectual Property

• You acknowledge that content hosted on the Service may be subject to third-party intellectual property rights, including copyrights, trademarks, and patents. You agree that:
• You will not submit URLs or content that infringes upon the intellectual property rights of third parties.
• If you believe that any content scraped by the Service infringes upon your intellectual property rights, you may submit a DMCA Takedown Notice according to the procedure outlined in the Service’s Copyright Policy.

17.5 Handling Explicit Content

• The Service may allow users to submit URLs that lead to explicit or adult content (e.g., Pornhub or other adult websites). If you submit URLs that lead to such content, you agree to the following:
• The Service reserves the right to block or restrict access to explicit content that violates its policies or applicable laws.
• The Service may require users to verify their age before accessing explicit content.
• You must ensure that any content submitted does not violate any laws, regulations, or third-party Terms of Service regarding the distribution or consumption of adult material.

17.6 Liability for Content

• The Service does not own the rights to any content scraped from third-party websites. By using the Service, you agree that:
• The Service is not liable for any damages or legal consequences arising from the use or redistribution of scraped content.
• You will indemnify and hold harmless the Service, its owners, employees, and affiliates from any claims, damages, or legal expenses arising out of your use of the Service or the content you submit.

17.7 Content Removal and Takedown Requests

• If you are a content owner or a representative of a third-party platform, and you believe that the content hosted on the Service violates your rights or the rights of your platform, you may submit a takedown request in accordance with our DMCA Takedown Notice procedure.

18. User Responsibility for Submitted Content

• By submitting any URL or content to the Service, you represent and warrant that:
• You have the necessary rights and permissions to share the content, and the content is not in violation of any intellectual property laws, privacy rights, or the terms of service of any third-party platform.
• You are responsible for ensuring that all content linked to or shared on the Service does not violate any applicable laws, regulations, or third-party terms (including, but not limited to, laws regarding copyright, defamation, obscenity, and privacy).
• You will not upload, share, or submit content that is harmful, offensive, obscene, defamatory, discriminatory, or illegal in any jurisdiction.
• You agree that you, not the Service, are solely responsible for the content you upload, and you accept full legal responsibility for any consequences resulting from the submission of any such content.

19. No Monitoring or Filtering of Content

• The Service does not actively monitor, review, or filter the URLs and content submitted by users, and is not responsible for the legality, accuracy, or appropriateness of any content hosted or displayed on the platform. Users are solely responsible for ensuring their content complies with applicable laws, including copyright laws, and the terms of service of any third-party website linked to the content.
• However, if we become aware of potentially illegal, infringing, or harmful content on the platform, we reserve the right to take appropriate actions, including removing or disabling access to such content, suspending or terminating accounts, and cooperating with law enforcement authorities as necessary.

19.1 Content Takedown Requests

• If you believe any content uploaded by users to the Service infringes on your intellectual property rights or violates applicable laws, you may submit a Takedown Notice through our DMCA takedown procedure or other content removal request. We will review such requests and take action if warranted, in compliance with applicable law.

20. No Responsibility for Harmful or Explicit Content

• The Service cannot guarantee that all content submitted by users will be free from offensive, harmful, or explicit material. While we may take action against content that we deem violates our policies, we cannot and do not monitor every piece of content submitted to the Service.
• You agree that the Service will not be held liable for any damages arising from exposure to inappropriate, offensive, or illegal content submitted by users, including but not limited to explicit material, defamatory content, or material that violates the rights of others.

21. Indemnification for User-Submitted Content

• You agree to indemnify, defend, and hold harmless the Service, its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
• The content you submit to the Service.
• Any violation of these Terms & Conditions, applicable laws, or third-party rights (including but not limited to copyright infringement, defamation, or invasion of privacy) by you or any user under your account.
• Any legal action, claim, or dispute resulting from content you have uploaded, linked, or submitted through the Service.
• This indemnification provision shall survive the termination of your account or these Terms & Conditions.

22. Age Verification and Adult Content

• The Service may permit users to submit URLs to adult content websites. By submitting such URLs, you represent and warrant that:
• You are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher.
• You accept full responsibility for the submission of any adult or explicit content to the platform.
• The Service may, at its sole discretion, impose restrictions on access to such content or remove such content if it violates our policies or legal requirements.

23. Suspension or Termination of Accounts

• We reserve the right, at our sole discretion, to suspend or terminate your account and remove any content you have uploaded if we believe the content violates any applicable laws or these Terms & Conditions. This includes, but is not limited to:
• Infringing upon intellectual property rights.
• Violating the rights of third parties.
• Posting harmful, offensive, or explicit content.
• Any action taken under this section will be in accordance with applicable law, including providing notice and an opportunity to respond when required.

24. Compliance with Third-Party Websites

• By submitting URLs from third-party websites to the Service, you acknowledge and agree that:
• You are responsible for ensuring that the submission of such URLs complies with the Terms of Service and any applicable policies of the third-party website.
• The Service is not responsible for ensuring compliance with the Terms of Service of any third-party website, and we are not liable for any claims arising from a violation of those terms.

Privacy Policy for Topaz Media

1. Introduction

• This Privacy Policy explains how Topaz Media collects, uses, and protects your personal information. By using our Services, you consent to the collection and use of your data in accordance with this policy.

2. Information We Collect

• We may collect the following types of information:
• Personal Information: Such as your name, email address, phone number, and payment details when you register for our Services or make a purchase.
• Usage Data: Information about how you interact with our platform, including viewing preferences, content uploaded, and devices used.
• Device Information: Information about the devices you use to access our platform, such as device type, operating system, and browser type.

3. How We Use Your Information

• We use your information to:
• Provide, maintain, and improve our Services.
• Personalize content and recommendations.
• Communicate with you, including sending important notifications about your account or service updates.
• Process payments and manage subscriptions.
• Comply with legal obligations.

4. Sharing Your Information

• We will not share your personal information with third parties, except in the following cases:
• With service providers who help us operate and provide the Services.
• To comply with legal obligations or respond to legal requests.
• In the event of a merger, acquisition, or sale of assets.

5. Data Retention

• We retain your personal information only as long as necessary for the purposes outlined in this Privacy Policy, or as required by law.

6. Security

• We implement reasonable security measures to protect your personal data from unauthorized access, use, or disclosure. However, no method of electronic storage or transmission is 100% secure, and we cannot guarantee the absolute security of your information.

7. Your Rights

• Depending on your location, you may have the right to access, correct, or delete your personal information. You may also object to the processing of your personal data or request that we restrict its use.
• CCPA (California Consumer Privacy Act): If you are a California resident, you have additional rights regarding your personal information. Please refer to the CCPA section for more details.

8. Changes to This Privacy Policy

• We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated revision date. By continuing to use the Services after changes are made, you consent to the updated Privacy Policy.