Terms and Agreement
HobbyBreeders.com (HobbyBreeders) and you (the member) enter into this agreement. The
parties agree as follows:
1. USE OF HobbyBreeders
The member agrees to read the terms, conditions and notices carefully before
using HobbyBreeders. The member may not access or use HobbyBreeders unless the member agrees
to them. By using HobbyBreeders, the member acknowledges that they have read the
terms, conditions and notices in this agreement and agree to accept them.
2. COMMUNICATIONS THROUGH HobbyBreeders
The member agrees that communications and transmission to and from HobbyBreeders are
non-confidential. The member agrees to receive frequent emails from HobbyBreeders, but
will have the option to opt-out.
3. NATURE OF RELATIONSHIP
There is no confidential, fiduciary, contractually implied or other
relationship created between the member and HobbyBreeders, other than what is stated
in this agreement. The member agrees that no joint venture, partnership,
employment or agency relationship exists between the member and HobbyBreeders as a
result of this agreement or the use of the website.
4. PERSONAL USE AND NON-COMMERCIAL USE
The member agrees that the use of HobbyBreeders is for personal use and not for
commercial use. The member may download and copy information on HobbyBreeders for
their own personal use as long as you maintain all copyrights and other notices
contained in the content. The member will not download, copy, reproduce,
modify, distribute, publish, transmit, transfer, sell, license, display,
perform or adapt any information obtained from HobbyBreeders for commercial use.
5. ILLEGAL USE
A. UNLAWFUL USE
The member will not use the website for any purpose that is illegal in
violation of applicable local, state, national or international law.
B. PROHIBITED USE
The member will not use the website for any purpose prohibited by the terms,
conditions or notices in this agreement and on the website.
6. PROHIBITED ACTIVITIES
When posting an advertisement or a message on the website the member
agrees not to post or transmit any communication or material that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive
or another’s privacy, disruptive to the site, hateful, or racially, ethnically
or otherwise objectionable.
7. RESTRICT ACCESS AND USE
HobbyBreeders may deny access or use of the website to the member at HobbyBreeders’s sole
discretion and without notice.
8. MONITOR MEMBERS
HobbyBreeders may monitor its members and the member’s use of the website to ensure
its members are abiding by the terms, conditions and notices of this agreement.
9. USE OF INFORMATION
By posting messages or engaging in other activities through the website, the
member grants HobbyBreeders a perpetual, worldwide, irrevocable, non-exclusive,
royalty-free license to use, download, publish, transmit, transfer, sell,
license, display, perform, adapt and otherwise use such communication in all
media now known or that which develops later.
10. WAIVER OF RIGHTS
The member waives all rights to actual infringement of any proprietary,
privacy, publicity, moral or attribution rights in connection with any
communication used through the website.
11. LINKS TO OTHER WEBSITES
The website may contain links to other websites operated by third parties other
than HobbyBreeders. The links are provided to provide facilitation to access the third
party sites. HobbyBreeders does not control and is not responsible for the content of
the third party sites. By offering links, HobbyBreeders does not imply it endorses
anything contained in those third party sites nor does it have any association
with the operators of the third party sites.
12. OPERATION OF THE WEBSITE
A. SERVICE OF THE WEBSITE
HobbyBreeders will make a reasonable effort to keep its service operational. However,
from time to time, difficulties may occur and will result in temporary service
B. LIMITED LIABILITY
The member will not hold HobbyBreeders liable for any of the consequences of such
interruptions and agrees that such interruptions will not be considered a
breach of this agreement.
13. RIGHT TO AMEND
HobbyBreeders reserves the right to change the terms, conditions and notices under
which this website is offered at any time in its sole discretion.
14. INDEMNIFICATION OF HobbyBreeders
The member agrees to indemnify and hold HobbyBreeders harmless form any and all
claims, losses, damages, liabilities, costs and expenses which arise out of,
are connected with or directly relate to your wrongful or unlawful use of this
website or any breach of any representation or warranty made by you in this
15. LIMITED LIABILITY
HobbyBreeders DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY,
SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON
THE WEBSITE. HobbyBreeders CANNOT AND DOES NOT GUARANTEE THE MEMBER WILL RECEIVE
RESPONSES TO ANY LISTING PLACED ON THE WEBSITE. ADVERTISING BY NATURE IS
UNCERTAIN. IN NO EVENT SHALL HobbyBreeders BE LAIBLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER.
HobbyBreeders SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS,
OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS
WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY PRODUCTS OR
SERVICES OBTAINED THROUGH THIS WEBSITE.
16. FINAL AGREEMENT
This agreement contains the understanding of the parties and supersedes all
previous verbal and written agreements, representation or warranties.
17. DESCRIPTION OF FEES
HobbyBreeders.com has a seller subscription fee of $9.95 that is a recurring subscription and will process every 30 days unless cancelled by the member. HobbyBreeders.com also has a buyer membership fee of $3.95 for a 30 day membership.
18. DISPUTE RESOLUTION
A. GOVERNING LAW
Florida Law governs the interpretation if this agreement
B. ATTORNEYS FEES AND COURTS COSTS
If the parties seek arbitration or litigation, then the prevailing party will
be able to collect attorney fees and court costs.