The following terms of use agreement (the “Terms of Use”) governs your access to and use of websites provided by Todayshobby.com. (“TODAYSHOBBY.COM,” “us,” “our,” or “we”) and our related sites, applications, services, and/or tools, whether accessed via Internet, mobile, or other device or through applications and sites affiliated with TODAYSHOBBY.COM products (collectively, the “Online Services”). By using the Online Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Online Services.
General
We reserve the right to change these Terms of Use from time to time, without actual notice to you, by posting a revised Terms of Use on this website. You can determine when the Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. We encourage you to review these Terms of Use on a regular basis to stay informed about any changes to the Terms of Use. By continuing to use the Online Services following changes, you are agreeing to be bound by the changes.Your use of certain Online Services may be governed by additional terms, guidelines, or rules, which will be posted on the applicable Online Service. All such applicable terms, guidelines, or rules are incorporated by reference into these Terms of Use. To the extent those additional terms, guidelines, or rules conflict with these Terms of Use, they will govern.We may change, suspend, or discontinue any aspect of the Online Services at any time, including the availability of any feature, database, or content. We may also impose limits or charge fees on certain features and services or restrict your access to parts or all of the Online Services without notice or liability.While we try to maintain the integrity and security of our Online Services and the servers from which our Online Services are operated, we cannot guarantee absolute security, completeness, or correctness, or that access to our Online Services will be uninterrupted. Our Online Services may include inaccuracies, errors, and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to our Online Services. If you become aware of any unauthorized third party alteration to our Online Services, please
contact us with a description of the material(s) at issue and the URL or location on our Online Services where such material(s) appear.
User Conduct
Our Online Services are intended for your personal, non-commercial use only. Below are the guidelines for using our Online Services. You must comply with these guidelines, as well as any other rules or guidelines posted on our websites.You agree not to post or transmit any material or content on or through the Online Services:
- that violates or infringes in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is misleading, malicious, or discriminatory;
- that is hate speech, threatening, or pornographic, or that is otherwise objectionable;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch,” or impersonation of any person or entity; or
- that expresses or implies that any statements you make are endorsed by us, without our prior written consent.
In addition, in connection with your use of the Online Services, you may not:
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Online Services;
- post or transmit advertising or commercial solicitations; political campaign materials; chain letters; mass mailings; or “spam” mail;
- post or transmit promotional materials relating to other websites or online services which are competitive with us and/or the Online Services;
- post or transmit software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful, damaging, or disruptive component;
- collect users’ content or information, or otherwise access the Online Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- post or transmit any material, non-public information about a company without the proper authorization to do so;
- engage in, encourage, or provide instructional materials relating to, any activity on the Online Services that restricts or inhibits any other user from using or enjoying the Online Services, such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Online Services;
- bully, harass, or intimidate any user; or
- remove any copyright, trademark, or other proprietary rights notice from the Online Services or materials originating from the Online Services.
These lists are non-exhaustive. Other conduct may violate these Terms of Use, our Privacy Policy, or applicable laws, so we advise you to be cautious and aware of how you use, and your conduct on, our Online Services.
Monitoring; Removal of Content
We have the right, but not the obligation, to monitor the content and use of our Online Services, including Interactive Services, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose.We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Online Services, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Online Services properly; to protect ourselves, our sponsors, and our Members and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.
Submissions
Unless specifically requested, we do not solicit any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (the “Submitted Materials”) for use in our publications, other media, or businesses. We are not responsible for the similarity of any of our content or programming to Submitted Materials sent to us via the Online Services or any other forms of communication, such as mail or e-mail. Should you send any unsolicited materials or ideas, TODAYSHOBBY.COM is not required to provide you with any form of compensation and you waive any claim against TODAYSHOBBY.COM or our affiliates regarding the use, including promotional and commercial, of any Submitted Materials. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.
Copyright
The Online Services contain copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). The Online Services are protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. TODAYSHOBBY.COM and third party content providers also own copyrights in the original content on the Online Services. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content. Subject to your compliance with the Terms of Use, you may download or copy one (1) copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree not to download, copy, or use Site Content for uses other than your personal, noncommercial use without express prior, written consent from us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
Copyright Infringement Claims
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe in good faith that any material or content posted on our Online Services infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.Notices or counter-notices should include the following information and be sent to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the material that you claim has been infringed;
- A description of where the allegedly infringing material is located on our Online Services;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We suggest that you consult your legal advisor before filing a notice or counter-notice.If we receive more than one notice of copyright infringement concerning a user of our Online Services, that user may be deemed a “repeat copyright infringer” and we reserve the right to terminate the account of a repeat copyright infringer.
License
Please note that, because we host Interactive Services and other forums on our Online Services and, therefore, redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant us a royalty-free, worldwide, perpetual, sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display, and otherwise exploit in any manner any content or material posted on our Online Services (in whole or in part) (collectively, the “Material”), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to our Online Services you represent and warrant that (1) you have all rights necessary to grant the licenses granted hereunder, (2) the Material is not subject to any obligations, whether of confidentiality, attribution, or otherwise, and we shall not be liable for any use or disclosure of any Material, and (3) your submission of the Material to and through our Online Services complies with all applicable laws, rules, and regulations. You also hereby waive any “moral rights” (including rights to attribution) that you may have in the Material.
Third Party Sites
You may be able to link from our Online Services to third party websites, services, and advertisements, and third party websites may link to our Online Services (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and are not under the control of TODAYSHOBBY.COM. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of links to Linked Sites does not imply endorsement, sponsorship, or recommendation by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. TODAYSHOBBY.COM disclaims any liability for links (1) to our Online Services from another website and (2) to another website from our Online Services. TODAYSHOBBY.COM cannot guarantee the standards of any website to which links are provided on our Online Services nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting for such reliance.
Third Party Vendors
Certain Online Services contain services and content supplied by third party vendors. We are not responsible or liable for any information or materials provided by these third parties. Additionally, we may provide these third party vendors with access to your membership information. We are not responsible or liable for a third party vendor’s use of your information or for any interactions you may have with a third party vendor. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any services or content provided by third party vendors.Please note that certain third party vendors maintain information regarding your subscription to certain of our publications. By opting out of subscription emails, you have not necessarily opted out of any or all emails from third parties we use. We are not responsible for any contact you may continue to receive from these third parties. Additionally, we may continue to contact you for the purpose of informing you of changes or additions to our services.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW), ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE ONLINE SERVICES.YOU SPECIFICALLY ACKNOWLEDGE THAT TODAYSHOBBY.COM, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE ONLINE SERVICES AT THE INVITATION OF TODAYSHOBBY.COM, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE ONLINE SERVICES OR THE INFORMATION SET FORTH THEREIN; (B) YOUR BREACH OF ANY WARRANTY OR CONTRACT; AND (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE ONLINE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF TODAYSHOBBY.COM OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TODAYSHOBBY.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE ONLINE SERVICES BY ANYONE.PLEASE SEEK THE ADVICE OF PROGESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN OUR ONLINE SERVICES SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE ONLINE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DOCUMENTS, AND OTHERWISE ON OUR ONLINE SERVICES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA OUR ONLINE SERVICES ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.
Indemnification
You agree to defend, indemnify, and hold harmless TODAYSHOBBY.COM, its affiliates, and its third party service providers, and each of their respective controlling shareholders, directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with our Online Services or information provided therein (including any third party services); and/or (c) communications and disputes between you and any other users or third parties (including any third party provider or third party vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
Termination
Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Online Services, or (3) any content available through the Online Services or any change therein, is to stop visiting and using the Online Services. We may terminate your use of the Online Services, including your membership in the Online Services, at any time, in our sole discretion, without notice or liability. We shall not be required to make any information or files available to you after any termination. The following sections will survive any termination of the Terms of Use: “Interactive Services,” “Submissions,” “Copyright,” “Trademarks,” “License,” “Third Party Sites,” “Disclaimer of Warranty; Limitation of Liability,” “Indemnification,” “Termination,” and “Miscellaneous.”
Miscellaneous
These Terms of Use, our Privacy Policy, and any other operating rules for the Online Services established by us constitute the entire understanding between you and us with respect to the use of the Online Services. We control and operate our Online Services from our offices in the United States of America. We do not represent that materials on the Online Services are appropriate or available for use in other locations. If you choose to access our Online Services from other locations, you do so at your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use our Online Services are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Online Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time, and in our sole discretion.These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in New York County, New York State, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. If any provision of these Terms of Use is found to be unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
