Your access to and use of the Hobby Sportz web site is subject to these Terms of Service, which we may update from time to time. It is your job to periodically review these terms for applicable changes. Your use of this site after we post any changes to these terms constitutes your agreement to those changes. If you have any questions about these terms, you can let us know by emailing Hobby Sportz at email@example.com. Please include your Hobby Sportz customer number if you have ordered before.THE USE OF OUR WEB SITE BY CHILDREN
Placing of orders is permitted if you are of age 18 or older. A parent or guardian may create customer accounts and submit orders for teenagers under the age of 18 in their household.
WEB SITE CONTENT
All content on the Hobby Sportz web site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Hobby Sportz and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Hobby Sportz subject to license, or subject to the fair use provisions of U.S. trademark law. Users of the Hobby Sportz’ web site are expressly forbidden to misuse any Hobby Sportz content or any third party content that appears on the web site.
You agree not to display or use any Content for any commercial purpose, in any publications, in public performances, in connection with products or services that are not those of Hobby Sportz, in any manner that is likely to cause confusion among consumers, that disparages or discredits Hobby Sportz and/or its licensors, that dilutes the strength of Hobby Sportz’ or its licensors’ property, or that otherwise infringes Hobby Sportz or its licensors’ intellectual property rights.
You also agree that no mechanical “scripts” or “bots” or other automated programs will be used to access the Hobby Sportz site. Use of these programs or devices could disable your access to our web site.
REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGMENT
Hobby Sportz makes no representations about the reliability of the features of the Hobby Sportz web site, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Hobby Sportz makes no representations regarding the amount of time that content on its site will be preserved.
Our web site is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to our web site or any information or software therein. Under no circumstances, including negligence, shall Hobby Sportz be liable for any incidental, special, or consequential damages that result from the use of or inability to use our web site, nor shall Hobby Sportz be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Hobby Sportz’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to our web site, records, programs, or services. In no event shall Hobby Sportz’ total liability for all damages, losses, and causes of action exceed five dollars ($5.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, this provision is not applicable in the State of New Jersey.
You agree to indemnify and hold Hobby Sportz, its parents, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms of Service or Policies and Procedures, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
Both you and Hobby Sportz acknowledge and agree that no partnership is formed and neither of you nor Hobby Sportz has the power or the authority to obligate or bind the other.