Terms of Use

These Terms of Use apply to www.medialabbooks.com and any other website, application, or other online service, accessed via computer, mobile device or otherwise and owned and/or operated by or on behalf of Topix Media Lab LLC (“Topix”) or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (collectively, “Sites,” and individually, a “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

By accessing this Site (other than to read these Terms of Use for the first time), you agree to be legally bound to these Terms of Use. If you do not agree to these Terms of Use, you should leave this Site immediately.

We may change these Terms of Use from time to time. Such changes become effective immediately without providing notice to you by posting the updated Terms of Use or, if required by law, 30 days after notice to you, which may be given or by posting the updated Terms of Use or by email. If you use the Site after the updated Terms of Use become effective it will signify your agreement to be bound by the changes. You should check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

Ownership

Unless otherwise explicitly specified, all content (including, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material) available on this Site (“Content”) is owned, controlled or licensed by Topix, its subsidiaries or affiliates. All elements of the Site, including but not limited to the Content and the look, feel, design and organization of the Site, are protected by copyright, trade dress, trademark, patent,  and other intellectual property and proprietary rights therein, and other laws, rules, regulations and treaties.  Your use of the Site does not grant to you any ownership of any Content you may access on the Site.

 

Prohibited Use

The copying, distribution, transmission, display, performance, reproduction, publication, modification, license, transfer, or sale of Content from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Topix or unless it is expressly permitted by these Terms of Use or under applicable copyright law. You are also strictly prohibited from creating works or materials that derive from or are based on the Content contained in this Site. For purposes of these Terms of Use, the use of any Content on any other website or networked computer environment is prohibited.

Limited License

Subject to these Terms of Use and your compliance therewith, Topix grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access, view, download, play, listen to, display, and/or use, as applicable, the Content solely for your personal, informational, and non-commercial use. You acknowledge and agree that no title or ownership in the Content is being transferred or assigned to you, and that Topix, its licensors, and/or our authors retain all right, title, and interest in the Content, including, but not limited to, all copyrights, trademark rights, trade names, audio files, video files, artwork, and any other intellectual property or proprietary rights therein. All rights not expressly granted under these Terms of Use are reserved by Topix, its licensors, and/or its authors, as applicable.

When you download or use the Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Content; and (c) not copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any source code associated with the Site, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage). You shall also comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.

Trademarks

The trademarks, trade names, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Topix or its affiliates, partners, vendors or licensors and may not be used unless authorized by the applicable Trademark owner. Nothing contained in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Topix or that of the applicable Trademark holder. Your misuse of the Trademarks displayed on this Site is strictly prohibited.

Privacy Policy

Data collection and use, including data collection and use of personal information is governed by Topix’s Privacy Policy which is incorporated into and is a part of these Terms of Use.

Linking Policy

You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Sites so long as the link does not: (a) portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner (in Topix’s sole opinion); (b) imply that Topix or the Site is endorsing or sponsoring any third party or its products or services, unless Topix has given the third party prior written consent; or (c) frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site. You may not use any Topix trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.

User Submissions

Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret, or proprietary information or other material from you through the Site, by email, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy.

Notwithstanding anything to the contrary in these Terms of Use, if you do submit an unsolicited book proposal through the approved Submissions process or send other Submitted Materials to us, you (i) represent and warrant that (A) the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived; and (B) that the Submitted Materials, and their use, do not and will not violate the law or violate or infringe the rights of any entity or person; and (ii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, fully assignable, and fully sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and/or display such Submitted Materials and your name, voice, and/or likeness as contained in your Submitted Materials, (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any Submitted Materials at any time. 

Representations and Warranties

You represent and warrant that, while using the Site, you will not (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding, or other promotional content into any Site or Content (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Site) or use, redistribute, republish, or exploit any such Site or Content for any of your commercial or promotional purposes; (iii) gain or attempt to gain unauthorized access to computer systems, materials, or information through the Site; (iv) engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of accessing, logging-in, or registering on any Site, or obtaining or accessing lists of users or other information or features on, from, or through any Site, including, without limitation, any information residing on any server or database connected to the Site; (v) use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (vi) use the Site in violation of our or any third party’s intellectual property or other proprietary, personal, or legal rights; (vii) use any Site in violation of any applicable law; (viii) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or Content or make unauthorized use thereof; or (ix) interfere with any other party’s use and enjoyment of any Site.

Indemnification

You agree to defend, indemnify, and hold harmless Topix, its parents, subsidiaries, affiliates, and successors together with their respective directors, officers, employees, agents, owners, service providers, and licensors from any and all claims, liabilities, damages, and expenses, including reasonable attorneys’ fees and costs, arising in any way from your use of the Site, your breach or alleged breach of these Terms of Use, or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without the prior written consent of a duly authorized employee of the Topix.

Third Party Websites

By agreeing to these Terms of Use, you are also agreeing to all terms of service and use, privacy policies, and applicable terms and conditions of any service providers that we use to enable your access to the Site or fulfill any purchases you make of our products and services. Please review any such service providers’ terms of service and use, privacy policies, and applicable terms and conditions carefully, as we will have no responsibility to you in connection with them.

You may be able to link from the Site to third party websites, and third party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, products, services, advertising, code, or other materials, or any lack thereof, provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute any endorsements or sponsorships by us of such Linked Sites or the information, content, products, services, advertising, code, or other materials presented on or through such Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. These Terms of Use only apply to the Sites, and you should always review the terms of service and use, privacy policy, and other applicable terms and conditions of any Linked Site that you access through a link from our Site.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Infringement Notification

We respect the intellectual property rights of others. If you believe that your work is being used on the Site in a way that constitutes copyright infringement, please provide us with the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Infringement Notices must be in writing and sent to Topix’s Designated Agent at:

Legal Department/DMCA Notices
Topix Media Lab LLC
47 Ronald Reagan Boulevard
Warwick, NY 10990
Telephone:
Email: info@topixmedia.com

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.

 

Disclaimer of Warranties

ALL SITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS; ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION; AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT ANY SITE WILL MEET USERS’ REQUIREMENTS. WE DO NOT ASSUME ANY RESPONSIBILITY, AND WE WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE, WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE SITES OR CONTENT, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE SITES OR CONTENT. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO THE SITE AND CONTENT AT ANY TIME AND WITHOUT ANY PRIOR WARNING. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSIDIARIES, OR PARENT COMPANIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OWNERS, SERVICE PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR INABILITY TO USE ANY SITES OR CONTENT, ANY MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITES, OR LOST BUSINESS OR LOST SALES, EVEN IF, IN EACH CASE, SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL WE OR ANY OTHER PROTECTED ENTITY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF US OR ANY OTHER PROTECTED ENTITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE OR CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF ANY SITE OR PURCHASE OF ANY OF OUR PRODUCTS OR SERVICES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Applicable Laws

Topix controls and operates the Site and the Content from our offices in the United States. We do not represent that the Site or Content are appropriate or available for use in locations other than the United States. Persons who choose to access the Site and Content from locations other than the United States do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Termination

We may terminate, change, suspend, or discontinue any aspect of the Site or Content at any time. We may restrict, suspend, or terminate your access to the Site or any part thereof for any reason in our sole discretion without notice or liability. Upon termination, you will lose access to all the Sites and all Content thereon. The obligations that you have to Topix under these Terms of Use will continue even after we suspend or terminate your access to the Site or Content.

Miscellaneous

These Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use or out of the use of the Sites shall be commenced and heard in the appropriate court (state or federal) in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Topix may assign its rights and duties under these Terms of Use to any party at any time without any notice to you. These Terms of Use may not be assigned by you without Topix's prior written consent. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, both you and we agree that the court should endeavor to give effect to the intentions reflected in such provision, and the other provisions of these Terms of Use will remain in full force and effect.

Effective Date: July 14, 2025