HOBBYNOTES.COM TERMS
OF SERVICE
The Short Version:
1. Don't put anything on the site that you wouldn't want your
mom to see.
2. Don't be mean.
3. Don't do anything wrong or illegal.
4. Treat others the way you would want them to treat you.
5. If you break a rule, you could lose your membership privileges
and/or your membership.
6. HobbyNotes.com makes the rules.
The Long Version:
This Agreement ("Agreement") is by and between
HOBBYNOTES.COM (the "Service") and you, your heirs,
agents, successors and assigns ("You"), and is
made effective as of the date of electronic execution. Nothing
in this Agreement,
express or implied, is intended to confer upon any third
party any rights, remedies, obligations, or liabilities under
or
by reason of this Agreement, You represent and warrant that
You are 18 years of age or older, or that You have an agent
authorized by law to represent You who is 18 years of age
or older who is entering into this Agreement on Your behalf.
Creating
messages on HOBBYNOTES.COM is reserved for registered members
of the site. Membership requires that You understand
and agree to the Terms of Service. If You feel You cannot
agree to our Terms of Service, please do not register as
a member
or use this site. If You are a member and do not agree
to the Terms of Service, discontinue Your use of the service
and terminate
Your membership by notifying us immediately.
Your registration data is subject to and protected
by our Privacy Policy.
HOBBYNOTES.COM assumes no responsibility for
the accuracy of any information published on this site.
HOBBYNOTES.COM,
at its sole discretion, may warn or suspend the member
that transmitted content in violation of the Terms
of Service, or may terminate the account of any member
that violates the Terms of Service, with no prior notice
and no
refund of membership fee(s).
HOBBYNOTES.COM reserves the right to update
or revise these Terms of Service, and Your continued use
of this site following
any changes in the Terms of Service constitutes Your
acceptance of all updates and/or revisions. You will be advised
of
any revisions on the HOBBYNOTES.COM?s Member Home Page.
BY REGISTERING FOR, AGREEING TO USE, and/or USING THE
HOBBYNOTES.COM SERVICE, YOU AGREE TO REFRAIN FROM:
Providing false, misleading,
inaccurate, or incorrect information when You register to
use HOBBYNOTES.COM, or when You communicate
to the Site Administrator.
Using HOBBYNOTES.COM for any illegal purpose
or activity. Individuals using computer code, files, or programs
designed
or intended
to obtain or harvest information about members or to damage
or disrupt the functioning of any software, hardware, or
other equipment, or to damage or obtain unauthorized access
to any
data or other information on the site are subject to having
all their activities on this system monitored and recorded
or examined by any authorized person.
Transmitting material
that is invasive of someone else's privacy.
Transmitting material that to a reasonable person may be malicious, tortuous,
abusive, libelous, obscene, vulgar, pornographic, abusive, sexually explicit,
defamatory, harassing, or racially, ethnically, religiously, or otherwise
objectionable.
Creating
an identity or a site nickname that impersonates another
person or in any other way violates the Terms of Use
and/or assigning Your account to someone else. HOBBYNOTES.COM
is not responsible for a site nickname or a public name
or for content that impersonates another person, and reserves
the right to delete from the site any nickname or public
name,
or any user created content or materials, at the sole discretion
of HOBBYNOTES.COM.
Creating,
maintaining, or transmitting information under more than
one HOBBYNOTES.COM account, public name or site
nickname,
or membership.
Using the
HOBBYNOTES.COM service in any way that infringes on the copyright(s),
trademarks, intellectual
property rights,
or other legal rights of another. This includes copying
and pasting or reproducing any word, text, image, symbol or
other
material that is copyrighted or trademarked by any entity
other than You.
Using HOBBYNOTES.COM to reproduce or transmit unauthorized
or unsolicited advertising, solicitations for business
ideas, investments, securities, lotteries or gaming, sexually
explicit
material, and/or multiple messages with the same or virtually
the same content, including the mass distribution of message
content, ("spam"), and junk mail (chain letters,
etc.).
AND YOU
FURTHER UNDERSTAND AND AGREE THAT:
Failure
to have the address of an active and valid e-mail account
on file with HOBBYNOTES.COM may result in Your
HOBBYNOTES.COM
membership being terminated with no recourse or refund.
HOBBYNOTES.COM
believes that the Internet and the World Wide Web are intended
to facilitate the freedom
and enhanced
ability
for one individual to communicate to another, and
that attached to this freedom and ability is your
personal
responsibility. Each HOBBYNOTES.COM member is responsible
for his or her
personal
communication on the site, and for all transmissions
on the site that originate under his or her username,
site
nickname,
and account. HOBBYNOTES.COM specifically disclaims
liability for any activity in Your account, whether
authorized
by You or not. HOBBYNOTES.COM does not view, review,
edit,
screen
or otherwise censor the private notes that appear
on the site. HOBBYNOTES.COM (at its sole discretion)
may
delete
any public
message from the site. Additionally, HOBBYNOTES.COM
does not warrant that any offensive content, harmful
components,
errors,
or defects on the site will be corrected or that
the Service will be available at any particular
time or in
any particular
location on the planet.
All the
material, content, text, visual design elements, interface
design elements,
and message
creation and
transmission elements
on the HOBBYNOTES.COM web site are protected
under copyright, trademark, servicemark, and proprietary
rights laws.
You understand and agree that electronic or physical
reproduction
of the site
in any form including but not limited to digital
reproductions or "screenshots", copying
and pasting, and manual reproduction, of any
material or design elements
on HOBBYNOTES.COM
for any commercial or private use, including
but not limited to the creation of derivative
works
for later
sale, reformatting,
broadcasting, publishing or re-publishing, or
performing, are prohibited without the express
written consent
of HOBBYNOTES.COM. Consent is granted only when
certain
limited criteria are
met.
Due to
automated search engine results or for other reasons, hyperlinks
("links")
to other sites on the World Wide Web may be
linked with material on HOBBYNOTES.COM.
No
endorsement or warranty for the content of
any other site on the World Wide Web is warranted,
suggested, implied
or
claimed
by HOBBYNOTES.COM. You agree that questions
and concerns regarding the content of any other site,
or problems
with a hyperlink
between HOBBYNOTES.COM and any other site will
be addressed to that site, and not to HOBBYNOTES.COM.
You understand
HOBBYNOTES.COM performs no background check of registered
users, and that any information
provided or published by members may or may
not be accurate. An
individual registered
member of HOBBYNOTES.COM may have provided
false information to the site, may be dishonest,
and/or
may have dishonorable
intentions, and You agree to use Your own
good judgment in the evaluation of all material
You see on HOBBYNOTES.COM.
Suspected
violations of the Terms of Service should be directed to
the Site
Administrator
(via on-site
message)
or to support@hobbbynotes.com
(via e-mail).
HOBBYNOTES.COM
does not condone or endorse illegal acts, nor suggestions,
advice,
or opinions about
any merchandise,
business
proposals, securities, lotteries, games,
or investments on this web site. Transmission
of material in
which You violate
any applicable laws or regulations would
constitute
a criminal act, and You agree not to
make such illegal transmissions
on HOBBYNOTES.COM. Persons outside the
United States agree to
be governed by all applicable local laws.
The purpose
of HOBBYNOTES.COM is to facilitate enjoyable and educational
interactive
written communication between our members.
This site has a "zero tolerance" policy
regarding personal attacks against
a registered member. A personal attack
could be defined as "attacking
the person who wrote it rather than
disagreeing
with what was written". Personal
attacks can consist of but may not
be limited to: derogatory public or
private
messages to a site member, derogatory
statements
about a site member, derogatory messages
in response to a message that violates
the Terms of Service, personal threats,
and harassment
or "stalking" a member of
the site. Personal attacks may result
in
a warning, a suspension of message
privileges,
or the cancellation of the offending
member's site membership.
If a
suspected violation of its Terms of Service has
occurred on HOBBYNOTES.COM,
You agree to
hold HOBBYNOTES.COM
harmless
and waive any claims against HOBBYNOTES.COM
which might result from an investigation
by HOBBYNOTES.COM
into such
suspected
violations, and any response taken
by HOBBYNOTES.COM
to such suspected violations, which
may include removal of
messages,
suspension of posting privileges,
or termination of the member's account.
You agree that
HOBBYNOTES.COM, at its
sole discretion,
reserves the right to monitor material
on the site, remove material from
the site, and to
terminate Your membership
without prior notice and without
recompense to You. HOBBYNOTES.COM shall not be
liable to You
or any
third party for the
termination of Your account or service
or
any claims
related to the
termination
of Your account or service. HOBBYNOTES.COM
reserves the right to terminate Your
access to the Services
at any
time, without
notice, for any reason whatsoever.
The failure of HOBBYNOTES.COM to
enforce any of the provisions
within
this Agreement
or its incorporated agreements and
policies
against You or others
shall not be construed to be a waiver
of the right of HOBBYNOTES.COM thereafter
to enforce
such provisions.
Public
messages transmitted on this site are available for viewing
by
the general
public.
Materials published
on the
member?s "Profile
Page" are available for viewing
by all other members of the site. "Materials" means
all content that you submit to
HOBBYNOTES.COM, including all graphic
images,
text,
hyperlinks, trademarks, trade names,
and the names and likenesses of
any individuals that appear in
the Materials.
By transmitting
any Materials that are available
for public viewing to
the general public or to other
members of the site, You grant
HOBBYNOTES.COM and its affiliates
and licensees a worldwide, nonexclusive,
royalty-free, perpetual right and
license to use, reproduce,
display, adapt, modify, distribute,
have distributed, advertise, and
promote said Materials in any legal
form,
anywhere and
for any legal purpose in connection
with the Service, and You warrant
and represent that You own or otherwise
control
all
of the rights to said Materials
and that potential use
of said Materials by HOBBYNOTES.COM
does not infringe upon or
violate
the legal rights of any third party.
You
may publish Materials that could
be construed as advertising
on your "Profile" or "Bio" Page.
You may only submit such Materials
for which you hold all intellectual
property rights. You hereby grant
to HOBBYNOTES.COM and
its Affiliates a worldwide, nonexclusive,
royalty-free, perpetual
right and license to use, reproduce,
distribute, transmit, publicly
perform and publicly display the
Materials,
in whole or in part, in any manner
and Media, in connection with the
Service.
YOU UNDERSTAND
AND AGREE THAT VIOLATION OF THE TERMS OF SERVICE AS ADJUDICATED
BY HOBBYNOTES.COM CAN BE CAUSE FOR THE IMMEDIATE
TERMINATION OF YOUR MEMBER ACCOUNT WITH NO PRIOR NOTICE TO
YOU AND WITH NO FURTHER RECOURSE BY, OR REFUND TO, YOU.
YOU
UNDERSTAND AND AGREE THAT THE CONTENT, USER INTERFACE,
AND ALL DESIGN ELEMENTS OF THIS SITE ARE PROTECTED UNDER
TRADEMARK,
SERVICEMARK, AND COPYRIGHT LAW.
YOU UNDERSTAND AND AGREE THAT HOBBYNOTES.COM, ITS LEGAL REPRESENTATIVES
AND EMPLOYEES, DO NOT WARRANT THE ACCURACY OF ANY INFORMATION
POSTED ON THIS SITE. HOBBYNOTES.COM IS DESIGNED TO PROVIDE
ITS MEMBERS WITH A VEHICLE TO EXCHANGE WRITTEN INFORMATION.
USER-CREATED MATERIAL ON THIS SITE IS NOT ENDORSED OR WARRANTED
IN ANY WAY BY HOBBYNOTES.COM.
YOU UNDERSTAND
AND AGREE THAT INDIVIDUAL MEMBERS OF HOBBYNOTES.COM ARE RESPONSIBLE
FOR
THEIR OWN MESSAGES AND ANY AND ALL CONSEQUENCES
OF THEIR OWN MESSAGES.
YOU AGREE THAT IN ANY DISPUTE ABOUT THE CONTENT OF THE
SITE, YOU WILL HOLD HOBBYNOTES.COM HARMLESS FROM ANY CLAIM
OR DEMAND,
INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD
PARTY DUE TO OR RESULTING FROM MATERIAL YOU SUBMIT OR TRANSMIT
THROUGH THIS SERVICE, OR YOUR USE OF THIS SERVICE, OR YOUR
CONNECTION
TO THIS SERVICE, OR YOUR VIOLATION OF THE TERMS OF SERVICE
OR THE LEGAL RIGHTS OF ANOTHER. INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF HOBBYNOTES.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
YOU UNDERSTAND
AND AGREE THAT HOBBYNOTES.COM DOES NOT GUARANTEE THAT ANY
MESSAGE OR TRANSMISSION ON OR
THROUGH THIS SITE
WILL NOT BE FALSE, MISLEADING, INACCURATE, LIBELOUS,
VULGAR, OR
IN SOME WAY OBJECTIONABLE TO YOU.
YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH
THE USE OF THE HOBBYNOTES.COM
SERVICE IS DONE
AT YOUR OWN RISK AND ON AN "AS-IS" AND "AS
AVAILABLE" BASIS.
UNDER NO CIRCUMSTANCES SHALL HOBBYNOTES.COM, ITS OWNERS,
ITS EMPLOYEES, ITS SUBSIDIARIES, OR ITS LICENSORS BE
LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR INABILITY TO USE, HOBBYNOTES.COM.
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA.
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