Terms and Agreement

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 interruptions.
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 agreement.

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
Joining HobbyBreeders.com is completely FREE.

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.

© 2009 HobbyBreeders.com All Rights Reserved