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User Agreement (Hoobbyy) The following describes the terms on which Hoobbyy offers you access to our services. Welcome to the user agreement (the "Agreement" or "User Agreement") for Hoobbyy.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of Hoobbyy (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. User Eligibility This Site is available only to those who can form legally binding contracts under applicable law. You may use this site during the time you are a registered user. Hoobbyy is an online platform for pastime and social networking The Site functions as a facilitator to connect people with similar hobbies around the world. As a neutral facilitator, Hoobbyy is not directly involved in the actual hobby listing between users of the Site. As a result, Hoobbyy has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, Hoobbyy cannot and does not confirm the identity of users. Hoobbyy also does not confirm nor verify the users. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any User on the Site. Because Hoobbyy assists users in listing hobbies and generating feedback, Hoobbyy is considered the value add for users hobbies. Presently it is free but Hoobbyy can come up later at any stage with charges and fee. Hoobbyy users are responsible for meeting payroll, tax and legal requirements for any legal entity related to Hoobbyy auctions. Site Improvements We may modify or discontinue this Site and the services available at it without notice or liability to you. It is the responsibility of the user to ensure that they abide at all times to the posted Terms and Conditions on the Hoobbyy Website. Your Relationship with Advertisers, and Users Your correspondence with advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, or user. You agree not to hold Hoobbyy liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, or users on the Site. Third Party Content, Verification and Monitoring Hoobbyy is a distributor (and not a publisher) of content supplied by any third parties and users of this Site. Hoobbyy has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, and users, are those of the respective author(s) or distributor(s) and not of www.hoobbyy.com . Hoobbyy neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorised Hoobbyy employees acting in their official capacities. You understand and acknowledge that Hoobbyy is not responsible for and does not monitor content for accuracy or reliability. Hoobbyy Fees and Charges Hoobbyy is free to use site. However at time Hoobbyy can come up with a revenue model and users will have to adhere to that model. Taxes, Licenses, and Certifications Hoobbyy does not pay any taxes on behalf of the Users of the Site. Users are solely liable for any taxes resulting from any Transaction or use of our Services like auction or Site. As a User you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. We recommend that you seek advice from a tax professional. Rating system Hoobbyy rates the hobby listed on the site based on users rating. Hooobbyy is not responsible if a user/s doesn’t agree to the rating system. Hoobbyy is just facilitating the rating process and is not responsible for accuracy or reliability. Feedback System As a User, you will be able to post public feedback about Users listed hobbies. You also agree to receive public feedback from Users with whom you have asked for feedback. You acknowledge that your feedback may consist of comments and ratings left by other users and that Hoobbyy may calculate a composite feedback rating based on these individual ratings. Users agree to be rated along several criteria, as determined by Hoobbyy. Hoobbyy provides its feedback and rating system as a means through which users can express their opinions publicly, and Hoobbyy does not monitor or censor these opinions or investigate any remarks posted by users for accuracy or reliability. Please note that you may be held legally responsible for damages suffered by other Hoobbyy users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Hoobbyy is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable. You agree NOT to take any actions that undermine the integrity of the feedback system, including but not limited to those outlined in the Feedback Policy. Posting of Information on the Site As a User, You will be allowed to post information, data and text, videos and pictures to publicly accessible and limited-access areas of the Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Site. In order to operate the Site, Hoobbyy must have certain rights. Consequently, when You post information, text, files, links, attachments, videos, pictures or other materials ("Content") to publicly visible areas of the Site, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed. You must use good judgment when posting information, remarks or other Content regarding other users, service providers, Hoobbyy or any other third party. You may be held legally responsible for damages suffered by other Users, Hoobbyy or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which you post to Hoobbyy Site. Hoobbyy is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Hoobbyy is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Hoobbyy reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if Hoobbyy considers such information or Content to be in violation of its Use Agreement or posted rules or policies, including information or Content Hoobbyy considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of Hoobbyy or other users or otherwise objectionable. The Hoobbyy user must be the creator/owner of the hobby item or be lawfully allowed to use the hobby Item which he or she lists. The physical address of the hoobbyy user, their fax or telephone, an email address or a website address are all considered as contact information. Contact information will not be made public. Provide Accurate Information You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you post any information on or to the Site, you agree to provide true, accurate and complete information. Hoobbyy reserves the right to terminate your account upon the discovery that the information you provided or posted is not complete or accurate. Your Hoobbyy account (including feedback) and User ID may not be transferred or sold to another party. Your Password You must safeguard the User ID and password you use to access this Site. You authorise us to assume that any person using the Site with Your User ID and password either is You or is authorised to act for you. Privacy Please see our Privacy Policy, which is incorporated herein by reference. User Obligations You agree NOT to do any of the following while using the Site:
Penalties Without limiting Hoobbyy ’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to You (a) if You breach any terms and conditions of this Use Agreement or the agreements incorporated herein by reference, including our written policies and procedures posted on the Site; (b) if We are unable to verify or authenticate any information You provide to Us; or (c) if We believe that your actions may cause legal liability for You, our users or for Hoobbyy. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use Hoobbyy service under the same account, a different account or reregister under a new account. Violations of this Use Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions, as defined below. We expressly reserve the right to institute additional penalties and fees for repeated violations of the use Agreement and/or our written policies and procedures posted on the Site. Notices Hoobbyy will provide notices by posting them on the Site and you agree to check the Site for notices. You also authorize Hoobbyy to send notices to You, at Hoobbyy 's discretion, via email unless You otherwise indicate in writing to Hoobbyy. Regardless of whether Hoobbyy sends an email notification, You will be considered to have received a notice when it is made available to you by posting on the Site. Cancellation We may cancel your membership if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. Hoobbyy reserves the right to terminate any user for any reason, at its sole discretion. We will notify you if We cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your account will be cancelled if the law requires such notification. When your membership is cancelled, you may no longer have access to data, messages, files and other material You keep on the Site. The material may be deleted along with all Your previous posts. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Audit Provisions and Maintaining Records," "Reservation of Rights," and "General Provisions" will survive cancellation of your registration. If Hoobbyy terminates this Use Agreement based upon Your breach of any portion of the Use Agreement, Hoobbyy reserves the right to refuse to provide registration and/or membership to you in the future. Protection of Copyrights and Trademarks The Site contains trademarks and other material furnished by Hoobbyy , its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Hoobbyy or the rights holder. you may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect Hoobbyy 's and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the owner or otherwise permitted by law. If you violate any of these terms, your permission to use the Site Content will automatically terminate; you must immediately destroy any copies you have made of the Site Content; and we may revoke Your authorization to use the Site. Reproduction This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Hoobbyy . Hoobbyy and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if Hoobbyy believes that a User's conduct violates applicable law or is harmful to the interests of Hoobbyy and its affiliates. Intellectual Property Policy Hoobbyy respects the intellectual property of others and expects our users to do the same. At our discretion and in appropriate circumstances, Hoobbyy may terminate the accounts of users who infringe upon the intellectual property rights of others. Links The Site may contain links to other web sites or resources. You acknowledge and agree that Hoobbyy is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at your own risk. Limitation of Liability NEITHER HOOBBYY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Hoobbyy 's LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $10. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you. Hoobbyy is not responsible for any liability related to the completion, timeliness, adequacy listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy should be directed to the appropriate Hoobbyy users. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Hoobbyy are not responsible for those costs. Reservation of Rights; Limited Licenses Hoobbyy and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the Hoobbyy logo and name are trademarks of Hoobbyy, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners. Except where expressly provided by Hoobbyy, nothing in this Use Agreement shall be construed to confer any license under any of Hoobbyy 's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. Errors and Disclaimer of Warranties YOU USE THE SITE AT YOUR RISK. We endeavour to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge you to keep backup copies of material You maintain on or use with the Site. As mentioned above, we remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. HOOBBYY MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Hoobbyy OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Indemnity You agree to defend, indemnify, and hold harmless Hoobbyy , its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against Hoobbyy for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement. Scalping We acknowledge that in some cases individuals who purchase tickets for their own use, but due to unforeseen circumstances cannot attend the event and so resell their tickets to recoup lost funds. Hoobbyy does not promote scalping. Dispute Resolution Disputes come in all shapes and sizes, from arguments over barking dogs or fences to altercations about goods bought or sold, conflicts with family members, problems in the workplace or disagreements over property damage. Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. Most States have a Dispute Settlement Centre which normally provides a free service and can offer advice and tips for dealing with matters yourself. These Centre’s also provide neutral, objective mediators to help you resolve disputes of any size or complexity. All cases will be resolved in the court in Korba, Chattishgarh, India. There are also Industry Based Ombudsman Schemes that can help with tips for following up on conflicts or complaints. General Provisions You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to you and you may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of Hoobbyy . Any attempt by you to assign, transfer or delegate this Use Agreement without the express written permission of Hoobbyy shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and Hoobbyy. This Use Agreement will be governed by the law of Chattishgarh, India, without regard to its conflicts of law provisions. The paragraph headings in this Use Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and Hoobbyy with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site. Please print out a copy of this Use Agreement for Your records. |
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