Terms of Service
Last Updated: June 30th, 2021
Table of Contents
Introduction
Welcome and thank you for choosing Hobbelisk.com and other related services operated by Hobbelisk Inc. Please read these Terms of Service carefully as they contain important information, legal terms, and conditions that govern your use of the services provided to you through Hobbelisk.com and associated Services. This Agreement applies to all visitors, users, Members, moderators, administrators, partners, and others who access and use the Services. These Services are offered and operated by Hobbelisk Inc. (Hobbelisk). Hobbelisk is also referred to in these Terms as “We”, “Our”, and “Us.” All references to “You” or “Your” where applicable refer to the User, entity, or person who is accessing or uses our Services in any manner. By accessing or using our Service, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Service and any additional terms and conditions, notices, and disclaimers that may be displayed through the Service. These contain provisions applicable to all users, entities, visitors and persons accessing the site, regardless of if you are registered or not to our Service, Hobbelisk.com. You agree that by clicking on “Sign Up” or any similar registration links on the website, you are abiding by these Terms of Service. If you do not agree to these Terms, Privacy Policy, or any other conditions, terms, notices or disclaimers displayed through our Service, please refrain from clicking “Sign Up” or any other similar registration links on our Service. The Terms of Service outlined here constitute the agreement between Hobbelisk and the User. If Hobbelisk fails to enforce any rights or provisions in these Terms, this shall not be constituted as a waiver of such rights or provisions. If a court should find that one or more provisions mentioned in these Terms is invalid, the User agrees that the remainder of the Terms of Service shall be enforceable and that Hobbelisk has the right to assign rights, delegate obligations, and execute necessary processes under these Terms to any person or business entity both in whole or in part. The User may not re-assign these rights nor delegate such obligations under these Terms of Service without obtaining prior written consent from Hobbelisk.
Amendment of the Terms
You can review the updated version of our Terms of Services at any time on this page. Please note that Hobbelisk reserves the right to amend these Terms at any time, from time to time. When these Terms are amended we will notify you either by sending an email to the address associated to your Hobbelisk account if you are registered, otherwise, the revised terms will be posted on the Site with the effective date they were revised. If you continue to use the Service after we have provided you notice of the amended Terms of Service and after the effective date of the amendment of the Terms, you will be deemed to have accepted the changes. If you do not agree to the amendments made to the Terms, you may no longer access or use the Services and therefore your remedy shall be to cease use of the Services.
Availability
Hobbelisk provides this Service on an “AS IS” and “AS AVAILABLE” basis. Hobbelisk reserves the right to modify, suspend, or discontinue the Services provided on the platform. This can be done at any time and without notice at the discretion of Hobbelisk. By accepting these terms, you agree that Hobbelisk is and will not be liable to you if the Service undergoes any modification, suspension of activities, or the discontinuation of the Service.
Limitation of Liability
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE COMPANY, ITS AFFILIATES, EMPLOYEES, MEMBERS, AGENTS, SUCCESSORS, DIRECTORS, OR MANAGERS FOR LOSSES FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, AND SPECIAL OR PUNITIVE DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT NO GREATER THAN THE AMOUNT YOU PAID TO MAKE USE OF THE SERVICES OR ANY OTHER PRODUCT WHICH MAY BE RELATED TO THE SERVICE. SOME OR ALL OF THE EXCLUSIONS MENTIONED ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOWED SUCH EXCLUSIONS AND LIMITATIONS MENTIONED ABOVE, THE COMPANY’S LIABILITY TO YOU WILL BE LIMITED BY THE APPLICABLE LAW TO THE FULLEST EXTENT PERMITTED. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OF ACCESS TO OR ANY USE OF OUR SERVICE. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE HELD LIABLE TO YOU FOR:
(I) ANY INTERRUPTION OR CANCELLATION OF TRANSMISSION TO THE SERVICE;
(II) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
(III) ANY LOSS OF GOODWILL;
(IV) ANY ERRORS, INACCURACIES, OR MISTAKES OF CONTENT;
(V) ANY UNAUTHORIZED ACCESS TO OR THE USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(VI) LOSS OF OPPORTUNITY;
(VII) LOSS OF ANY DATA SUFFERED BY YOU;
(VIII) ANY VIRUSES, BUGS, TROJAN HORSES, OR SIMILAR MALWARE THAT MAY BE TRANSMITTED TO YOU THROUGH OUR SERVICE BY ANY THIRD PARTY;
(IX) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, INAPPROPRIATE, OR ILLEGAL CONDUCT OF ANY THIRD PARTIES;
(X) ANY DAMAGES OF ANY KIND SUFFERED BY YOU OR CLAIMED TO HAVE BEEN SUFFERED BY YOU RESULTING FROM YOUR USE OF ANY THIRD PARTY WEBSITES, SERVICES, OR APPLICATIONS THAT MAY LINK TO OR BE ACCESSIBLE OR INTEGRATED TO OUR SERVICES; AND/OR
(XI) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO PERSONAL ERRORS, OMISSIONS IN ANY CONTENT, INJURY, PROPERTY DAMAGE, OR SIMILAR EVENTS OF ANY NATURE WHATSOEVER. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO HOBBELISK WITHIN THE LAST 12 MONTHS OR THE RESTRICTION FROM YOUR ACCESS TO AND USE OF OUR SERVICE ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
(I) ANY RELIANCE YOU MAY PLACE ON THE COMPLETENESS, ACCURACY OF OR THE EXISTENCE OF ANY ADVERTISING ON THE SITE, OR AS A DIRECT OR INDIRECT RESULT OF ANY KIND OF RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE ADVERTISING APPEARS ON THE SERVICE;
(II) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE AT ANY TIME, FOR ANY REASON, WHICH MAY RESULT IN THE TEMPORARY OR PERMANENT CESSATION IN THE PROVISION OF THE SERVICES (OR ANY OTHER FEATURES OR APPLICATIONS RELATED OR WITHIN THE SERVICES);
(III) THE CORRUPTION, DELETION, OR FAILURE TO STORE, ANY OF THE CONTENT, MESSAGES, OR OTHER COMMUNICATIONS DATA AND SIMILAR MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE THE SITE WITH ACCURATE ACCOUNT INFORMATION, OR;
(V) YOUR FAILURE TO KEEP YOUR ACCOUNT OR PASSWORD DETAILS CONFIDENTIAL AND SECURE.
OUR SERVICES ARE PROVIDED FOR DOMESTIC AND PRIVATE USE. YOU AGREE AND ACKNOWLEDGE NOT TO USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND THAT WE HAVE NO LIABILITY TO YOU FOR ANY KIND OF LOSS OF PROFIT, BUSINESS, GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ADDITIONALLY, YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING BUT NOT LIMITED TO DATA CHARGES. IF YOU ARE UNSURE OF WHAT THOSE CHARGES MAY BE, PLEASE CONTACT YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT AS PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER BASIS, REGARDLESS OF IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE(S). THE SERVICE IS CONTROLLED AND OPERATED FROM FACILITIES IN CANADA AND SOME DATA MAY BE PROCESSED OUTSIDE OF CANADA. THOSE WHO ACCESS THE SERVICE FROM OTHER JURISDICTIONS ACKNOWLEDGE THAT THEY DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE ENTIRELY FOR COMPLIANCE WITH LOCAL LAWS, INCLUDING BUT NOT LIMITED TO IMPORT AND EXPORT REGULATIONS, TO THE EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES, INCLUDING AND NOT LIMITED TO, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. YOU ACKNOWLEDGE AND AGREE, THEREFORE, THAT YOU RELEASE US AND OUR AFFILIATES FROM ANY AND ALL DEMANDS, CLAIMS, AND DAMAGES (CONSEQUENTIAL AND ACTUAL) OF EVERY KIND AND NATURE, BOTH KNOWN AND UNKNOWN, ARISING OUT OF OR CONNECTED WITH ANY SUCH DISPUTES. YOU FURTHER ACKNOWLEDGE THAT YOU ARE NOT (1) LOCATED WITHIN A COUNTRY THAT IS SUBJECT TO A CANADIAN GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE CANADIAN GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND (2) A COUNTRY THAT IS LISTED ON ANY CANADIAN GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. WITHOUT LIMITING THE AFOREMENTIONED ITEMS, AVAILABLE SOFTWARE THAT IS IN CONNECTION WITH HOBBELISK MAY BE SUBJECT TO APPLICABLE EXPORT CONTROLS. YOU MAY NOT DOWNLOAD FEATURES, FUNCTIONS, SOFTWARE, OR ANY COMPONENT NOR OTHERWISE EXPORT OR RE-EXPORT THEM IN VIOLATION OF ANY APPLICABLE EXPORT LAWS. ANY SOFTWARE YOU DOWNLOAD OR USE IS AT YOUR SOLE RISK. YOU FURTHER ACKNOWLEDGE AND AGREE TO NOT UPLOAD TO THE SERVICE ANY SOFTWARE OR DATA THAT CANNOT BE EXPORTED WITHOUT EXPLICIT AND PRIOR WRITTEN GOVERNMENT AUTHORIZATION.
Access to and Use of the Service
Hobbelisk grants you a limited, non-exclusive, non-sub-licensable, revocable, non-assignable, license to use the Service only for your own personal, noncommercial use, and as mentioned in this Agreement. You acknowledge and agree that your access to and use of the Service is subject to these Terms and all applicable laws and regulations. Under these Terms, you may not:
(I) Alter, modify, make unauthorised copies, translate, adapt, reverse engineer, decompile, disassemble, or create any derivative works of the Service or any content included, including but not limited to and documentation (or proof thereof), files, information, tables, determine or attempt to determine any methods, techniques, source code, algorithms, or any other similar information embodied by the Services or any derivative works thereof;
(II) Distribute, market, license, transfer, rent, sell in whole or in part, nor lease any of the Services or any derivative works thereof or use the Services to advertise or perform any kind of commercial solicitation;
(III) Access or use certain features of the Service if you are not legally competent and fully able to agree to these Terms of Service or are authorized by your legal guardian or parent to use the Service;
(IV) Use the Services for any unauthorized or commercial purposes, including but not limited to communication or facilitating any solicitation, commercial advertising, or spamming, without the Company’s explicit written consent;
(V) Attempt to interfere or interfere with the proper operation of of the Services, disrupt, disturb, negatively affect, disable, overburden, or damage any networks or the website connected to the Services, or bypass any measures that are put in place that we may use to prevent or restrict access to the Services;
(VI) Use any kind of automated scripts, bots, or similar software programs to collect information from or otherwise interact with the Services;
(VII) Incorporate the Services or any portion thereof into any other products or programs. Hobbelisk will reserve the right to refuse service, terminate or limit access to accounts in such cases at our sole discretion and without notice;
(VIII) Harass or intimidate others, or promote sexually explicit materials, discrimination or violence based on nationality, race, sex, sexual orientation, religion, disability or age;
(IX) Use or attempt to use another user’s account, system, or service without prior express authorisation from Hobbelisk or engage in phishing or the creation of false identities on the Services;
(X) Use the Services in a way that may create conflicts of interest or undermine the purposes of the Services, including but not limited to trading reviews or writing or soliciting fake reviews on the submitted media;
(XI) Use the Services to upload, distribute, transmit, or otherwise make available any malicious or harmful technology or materials, including but not limited to viruses, trojans, worms, logic bombs, or any such similar software or materials nor take any action that may impose or imposes at our sole discretion, an unreasonable or disproportionately large load on our servers and infrastructure;
(XII) Use the Services to solicit or advertise without express authorization, promotional materials, solicitations, “spam”, “junk mail”, “chain letters”, “pyramid schemes,” or any other prohibited forms of solicitation;
(XIII) Any private information including but not limited to addresses, email addresses, phone numbers, number and feature in the personal identity document (passport numbers, driver licenses, etc.) or credit card numbers of any third party;
(XIV) Any materials that are defamatory of any person, offensive, pornographic, obscene, hateful or inflammatory, nor any material that would encourage, constitute or provide instructions for dangerous activities, criminal offences, or self harm;
(XV) Any materials that are designed to purposely or deliberately to antagonise or provoke people, particularly trolling and bullying, or that intends to harm, harass, distress, hurt, scare, embarrass or upset others, or that would contain a threat of any kind, including but not limited to threats of physical violence, acting maliciously or fraudulently;
(XVI) Any materials that are racist or discriminatory, including but not limited to the discimintaion of someone based on their race, age, sexuality, religion, gender, or disability;
(XVII) Any materials which may or does infringe any trademarks, copyrighted content or other intellectual property or privacy rights of any other person;
(XVIII) Any comments, responses, opinions, answers, recommendations or analysis that you are not properly qualified, licensed, or otherwise to provide;
(XIX) Materials that, in the sole discretion and judgement of Hobbelisk, is objectionable or that inhibits or restricts anyone else from using the Services, or which may expose Hobbelisk, the Services, the users, or any affiliated third parties to any harm or liability of any type; or,
(XX) Violate any law in connection with your use of the website.
In addition to the above, you acknowledge and agree that Hobbelisk may revoke, suspend, or terminate this license temporarily or permanently at any time and at our sole discretion and without notice to you. Upon the revocation of this license, you must immediately destroy all materials that you obtained from the Service, as well as any copies of such materials, whether made in accordance with these Terms of Service or otherwise. No registration is required to use the Service. However, certain features of the Service are only accessible once you have registered with Hobbelisk and created a “Member” account or other user account profile to do so. Your account or profile gives you access to our Services and functionality that we may, at our sole discretion and from time to time establish and maintain. Hobbelisk may also offer a paid subscription service where Users may use the site with premium features, including but not limited to an ad free experience while logged into their accounts, discounts with affiliated third parties or the Service, and other such perks. Hobbelisk may change the fees or benefits that are associated with the premium features and functionality from time to time and with reasonable notice in advance, with the exception of temporary promotions which may include but are not limited to temporary reductions in the fees associated with the premium features. The subscription terms or fees may be changed at any time on a going forward basis at our sole discretion. You acknowledge and agree that you are solely responsible for the activity that occurs on your profile or account, and that you must keep your account secure at all times, including the password for your profile. If there should be any unauthorized use of your account or breach of security on your profile or account, you must immediately notify Hobbelisk. To the extent permitted by applicable laws and regulations, you acknowledge that Hobbelisk will not be liable for any losses to you caused by any unauthorized use of your account or profile. However, to the extent permitted by applicable laws and regulations, you acknowledge that you shall be held liable for any losses that you incurred by Hobbelisk or others due to any unauthorized use of your account or profile as a result of your negligence, wrongdoing or violation of these Terms of Service. You acknowledge and agree that you may never use another Member’s account or profile without explicit permission.When you provide Hobbelisk with your email address, you are consenting to the Company to use the email address in accordance with our Privacy Policy. Further, to ensure that administrators, moderators, and community managers are responsive to community and user needs, you understand that administrators, moderators, and some community managers will have access to data that may be associated with your account, including but not limited to usage data, registration data, communication logs where necessary, IP addresses, usernames, and other such information that may be used to improve your experience on the Service. You authorize administrators, moderators, and community managers to review and access such information as reasonably necessary to respond to appeals, investigate reports or complaints, or for any other such purposes as contemplated within the Privacy Policy or these Terms of Service. You also understand that any information that you may provide in any community or location on the Service may be searchable and visible by the general public unless you choose to set certain information or your profile to “Private”
You acknowledge and agree to not use the communication systems provided by Hobbelisk to collect any personally identifiable information from others, including but not limited to account profile names, ages, and any other such information, additionally, you may not use the Service for any kind of commercial solicitation purposes. You also agree to not use or launch any automated services that may have any malicious purposes or in which these services send more request messages to Hobbelisk servers than a human can reasonably produce in the same duration of time via the use of a conventional online web browser, including without any limitations, “spiders,” “offline readers,” “robots,” and other such similar services. You acknowledge and agree to not aggregate or collate any of the content available through Hobbelisk for use anywhere else. You acknowledge and agree that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor User activity, which may include distasteful interactions or disputes between you and other Users, and to not take any action and to the extent that we deem as appropriate in order to prevent the violation or further violation of these Terms of Service. Hobbelisk will have no liability for the interactions you have with other Users or for their actions or inactions. Additionally, we reserve the right, at any time and without prior notice, to disable or remove access to content at our sole discretion for any or no reason. Reasons for the removal or disabling of access to content may include but is not limited to finding the content objectionable, in violation of these Terms or our Privacy, Copyright, Etiquette Policy, or otherwise harmful to the Service or our users. Hobbelisk uses automated systems to analyze the content you submit on the service in order to provide relevant features, including but not limited to, customized search results, spam and malware detection, tailored advertising result, and other such similar services. This analysis occurs as the content is sent, received, and upon its storage.
Privacy
Hobbelisk is committed to safeguarding your privacy. Please refer to Hobbelisk’s Privacy Policy for more details regarding this subject. You acknowledge that by using the Services provided by Hobbelisk, you are granting us the right to collect, store, use, share, and/or disclose information you have submitted to Hobbelisk that is permitted by the Privacy Policy. Hobbelisk’s Privacy Policy are incorporated into the Terms of Service and form part of these Terms.
Trademarks
Hobbelisk and all related names, services, brands, logos, designs, and products used in this Service which identify or are associated with Hobbelisk are proprietary marks of Hobbelisk and/or relevant affiliates, partners, or third parties. These marks cannot be used without prior consent and written permission by Hobbelisk. Nothing in this Service will be deemed to confer any rights of Hobbelisk with respect to the marks.
User Content
Hobbelisk may allow Users to create and register Member accounts or profiles, post reviews, comments, feedback, discussions, and questions across the site through both on message boards, sending private messages and engaging in conversations with other Users through chatting systems, and post other information, take other actions or otherwise make content available on or through the Service. Any User Content that you may submit or upload will be considered non-proprietary and non-confidential. You must not post User Content on or through the Service that you consider to be confidential or proprietary. You are solely responsible for your User Content and you agree that we act only as a passive conduit for your online distribution and publication of your User Content. In addition, you also agree and represent that you own that User Content or that you have received all necessary permissions, clearances from, or are authorized by the owner of any third party content you may submit to the Services. You agree to not post User Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- May create a risk of any other loss or damage to any person or property;
- May constitute or contribute to a crime or tort;
- May not violate others’ intellectual property rights, including copyright and trademark unless you have authorization or permission by the author or their representatives to do so;
- May not publish or post other people’s or user’s private information (including but not limited to phone numbers and addresses) without their express and explicit authorization and permission;
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- Contains any information or content that you know is not correct and current; or
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- Contains any information or content that is illegal;
- Constitutes "Spam", advertising, or business related communications. Hobbelisk reserves the right, but is not obligated to, reject and/or remove any User Content that is deemed to violate these provisions at our sole discretion. You understand that by submitting, publishing, and making available your User Content on the Service, that this is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other relevant or similar rights organization. You acknowledge that we reserve the right (but are not obligated) to review and monitor content that may be posted online and in storage, and to reject, remove, or restrict any material at our sole discretion and with no prior notice, which may be considered unlawful or objectionable and you agree that Hobbelisk will not be liable for any damages the User alleges to incur as a result of the User Content. Hobbelisk assumes no responsibility or liability over any User Content that is posted or sent on the Service by You or other Users. Any damage, losses, or issues that may occur as a result of the User Content you upload, download, post, display, comment, send, stream, transmit, or otherwise make available or that you access through the Service, is solely your responsibility. You agree and acknowledge that Hobbelisk is not responsible for any public display or misuse of your User Content. You also understand that Hobbelisk may, from time to time, deploy technology like application programming interfaces (or “APIs'') for our use or for the use of third-party application developers. You acknowledge and agree that your User Content may be displayed and transmitted to non-affiliated third-party websites or applications that integrate with our APIs. Additionally, Hobbelisk does not expressly allow the scraping or extraction of data or other materials (including but not limited to screenshots, video screen captures, and other) from our Services without prior written consent, you acknowledge and agree that your User Content may be collected and displayed through non-affiliated third parties as a result of scraping, extracting, or other means of data harvesting techniques. As such, you acknowledge and agree that the data of the Service harvested may include your User Content and may become publicly available outside of the Services.
Copyright and Reporting Copyright Violations
The copyright and data rights mentioned within the Service and its contents are owned by Hobbelisk unless stated otherwise. Hobbelisk does not claim ownership rights to the content or other media created by the User submits or posts to Hobbelisk.com. By accepting the Terms of Service, you agree to not alter or modify the Services provided by Hobbelisk unless you have received explicit and written permission from Hobbelisk to do so. Please be advised that not all unauthorized uses of copyrighted content used in Hobbelisk constitute an infringement. There are exceptions to copyright infringement as per the fair use doctrine or other relevant laws that allow the use of copyrighted content or work under certain circumstances. Hobbelisk respects the intellectual property rights of those who use our Service and we expect you to do the same if applicable. Please note that Hobbelisk may remove content submitted to the website by the User, suspend or terminate your account if it is deemed that intellectual property rights of others has been infringed on. As stated by the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), which form part of the U.S. copyright laws, Hobbelisk has put in place measures to report copyright violations. If you believe that one or more of your copyrighted work has been reproduced without your consent constituting copyright infringement, please notify us through the following means. A valid copyright complaint or notification must be provided in written communication to support@hobbelisk.com with the following points: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For more information and details, please visit our Copyright Policy page. Please be advised that this procedure is exclusively to notify Hobbelisk that your copyrighted materials have been infringed upon. The requirements stated above intend to comply with Hobbelisk’s rights and obligations as per the DMCA, as well as 17 U.S.C. § 512, but does not constitute legal advice. Please contact an attorney for further information about your rights and obligations under the DMCA and other applicable laws. If for any reason you believe that a copyright infringement notification has been submitted unjustly or improperly against you, as per Sections 512(g)(2) and 512(g)(3) of the DMCA you may submit a counter-notice. If you do so, please submit your counter-notification to Hobbelisk in writing to support@hobbelisk.com. PLEASE BE CAUTIONED THAT UNDER U.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, WHICH CAN INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Copyright in Your Content
Please note that Hobbelisk does not claim ownership rights in your content. You grant to Hobbelisk a worldwide, non-exclusive, royalty-free license to use, store, reproduce, re-format, distribute, prepare derivative work on, and publicly display your content for the sole purpose of enabling us to make your content available through the Service. Please be advised that any content you upload will be available for third parties to copy, distribute, and display using readily available tools or software they may have on their computers for this purpose aside from linking or distributing it as your content on Hobbelisk. The use of your content by a third party could violate sections of these Terms of Service unless the third party receives explicit permission from you by license.
Monitoring Content
Hobbelisk does not possess the ability to control the content that you may create, upload, submit, post, or otherwise transmit using the Service. You acknowledge that Hobbelisk is under no obligation to monitor the content you may create, upload, submit, post, or otherwise transmit for any purpose. You agree and acknowledge that you are solely responsible for all material or content you may create, upload, submit, post, or otherwise transmit using the Service.
Storage Policy
Currently, Hobbelisk is providing free online storage for the content of registered members of the Service. However, you acknowledge and agree that Hobbelisk may at its sole discretion, establish limitations or rules regarding how the Service is being used by you. The aforementioned limits can include restrictions on how many days your content will be retained on your Service, the maximum size of content files you may be storing on the Service, the maximum disk space that will be allotted for the storage of your Content on Hobbelisk’s servers, and other features which may affect the quality or amount of content you will be able to store on the Service. Hobbelisk reserves the right to manage, suspend, or terminate accounts that are inactive at our sole discretion for extended periods of time which may affect the access to your content. You acknowledge and agree that Hobbelisk will not be held responsible nor liable for the deletion, suspension, or failure to store any content submitted and maintained on the Service, and that you are solely responsible for creating back-ups of such content that you have created. In addition, you agree that Hobbelisk reserves the right to update or modify its storage policies with or without notice to you, from time to time.
Conduct
You agree to not disrupt or interfere (or attempt to do so) the Services provided by Hobbelisk, our servers, networks, or other services connected to Hobbelisk. You agree to not disobey any policies, procedures, requirements, or regulations of servers, networks, or other services connected to Hobbeliskk and its Services. In addition, you agree to not provide Hobbelisk any information that is misleading, false, inappropriate, that attempts to hide your identity or information that you do not have the rights to disclose to us. In addition to this, you agree to conduct yourself and be subject to Hobbelisk’s Etiquette Policy. You also acknowledge that you are responsible for the content you submit, upload, copy, download, distribute and display while using the Service. Please ensure you have the legal rights to copy, distribute and display all parts of the content you submit, upload, copy, download, distribute, and display. Content that is provided to you by other parties, websites, and sources are protected by copyright and should only be submitted, uploaded, copied, downloaded, distributed, and displayed with the consent of the copyright owner or as stated otherwise by law. You agree to not use the Service:
- For any unlawful purposes;
- To upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- To upload, post, or otherwise transmit any material that infringes any copyright, trademark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Hobbelisk or to facilitate the unlawful distribution of copyrighted content or illegal content;
- To harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- To upload, post, or otherwise transmit any material which is likely to cause harm to Hobbelisk or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- For commercial purposes, unless stated otherwise permitted under these Terms or with written permission and consent from Hobbelisk;
- to sell access to the Service on any other website or make use of the Service on another website for the primary purposes of gaining advertising or subscription revenue other than for a personal blog or social network where the primary purpose is to display content from Hobbelisk by hyperlink and not to compete with Hobbelisk.
The Company’s Proprietary Rights
You acknowledge and agree that, with the exception of your User Content, the Service and all materials within or transferred thereby including but not limited to: text, graphics, software, images, quotes, illustrations, patterns, trademarks, logos, service marks, copyrights, photographs, videos, music, other forms of audiovisual material, and, if applicable, other Users’ User Content (“Company Content”), and all Intellectual Property Rights related thereto, belong exclusively to the Company and its licensors and are their exclusive properties. Nothing in this Agreement shall be deemed to create a license in or under any related Intellectual Property Rights, unless explicitly provided herein. You acknowledge and agree to not license, distribute, modify, sell, rent, copy, publish, reproduce, transmit, publicly display or perform, edit or create derivative works from content accessible or any materials on the Service unless explicitly stated otherwise and with written prior consent. Usage of Hobbelisk’s Content or materials for any purpose is strictly prohibited if it has not been expressly allowed by this Agreement. Using Hobbelisk and our Services do not give you ownership in our Services nor information, content, and other material made available through the Service. You may choose to or be invited by the Hobbelisk team to submit comments, feedback, ideas, or other observations about the Service. By submitting this feedback, you agree that: (i) The disclosure of your feedback is gratuitous, may be unsolicited, and without restriction, and will not place Hobbelisk under and fiduciary, legal, or other obligations. (ii) You have granted Hobbelisk a worldwide license which is irrevocable, perpetual, non-exclusive, and royalty-free, to use, modify, publish, distribute, prepare derivative works, and sublicense the ideas; and (iii) Hobbelisk is free to disclose your feedback to anyone on a non-confidential basis or use this feedback without any compensation to you. You acknowledge and agree that, by accepting your submissions, Hobbelisk does not waive any rights for usage of similar or related ideas that were previously known to Company, that were developed by its employees, or that were obtained from other sources other than you.
Grant of License
By posting your content on our Service, you are explicitly and expressly granting, without any further consent, notice and/or compensation to you or others, representing and warranting that you have a right to grant, to Hobbelisk a worldwide, non-exclusive, sublicensable, royalty-free, transferable, irrevocable, perpetual, license to use, modify, publish, reproduce, edit, list information regarding, translate, distribute, publicly perform and display, and make derivative works of all such content including your name, voice, and/or likeness as contained within your User Content, in any form, either whole or in part, media or technology that is now known of or developed in the future. You acknowledge and agree that in accordance with the terms of our Privacy Policy, Hobbelisk may access, store, manage, process, and make use any personal data and information that you may provide.
Governing Law and Venue
Any disputes, claims, or matters relating to or within the Services and these Terms of Service (in each case, including non-contractual disputes or claims), shall be governed by construed and overseen in accordance with the laws of the province of Ontario in Canada, without giving effect to any choice or conflict of law provision or rule (whether of Canada or any other jurisdiction.) If there are any legal proceedings, suits, or actions which arise from or are related to the Service or these Terms of Service, these shall be exclusively instituted at the Toronto Courthouse, located in Toronto, Ontario, in Canada, although Hobbelisk and its business partners have the right to bring or conduct any legal proceedings against you for the breach of these Terms of Service within the country of your residence or any other relevant country. You acknowledge that you waive any and all objections to exercise the jurisdiction over you by such courts and to venue in such courts.
Security
To make use of certain features of our Service, you may be required to create a Hobbelisk account and register as a member of the Service. In doing so, you agree to provide us with a username, password, email, and other information about yourself deemed necessary as mentioned in the Privacy Policy. Please be advised that you are the sole person responsible for any information associated with your account and anything that happens to it. You must maintain the security of your account and any associated information with it and promptly notify Hobbelisk if you suspect or discover that someone has accessed your account without your explicit permission. You agree to not license, sell, or transfer your account without Hobbelisk’s prior explicit written approval.
Registration
To register as a member of the Service, you must be 13 years of age or lawfully permitted to enter into and form contracts under applicable law. Minors may not submit Content to the Service in any event. If you use this Service, you agree that the information you provide to us when you register or at all other times is true, accurate, current and complete. In addition, you agree that you shall ensure that the information provided is kept up to date and accurate at all times, in particular your email address as it is the primary way we will communicate with you with updates regarding your account and other notifications.
Password
Upon registration, you will be required to provide a password. You agree to use a strong and secure password, keep it confidential, not transfer your account, and follow the law and any recommendations given to you by Hobbelisk from time to time. You will be responsible for safeguarding the password you have chosen to use for the Service and you agree to not disclose said password to any third party at all times. You agree that you will be the only person responsible for any activities or actions under your password, whether such activities or actions were authorized or not. Please notify Hobbelisk immediately if you believe that your password is being used by an unauthorized party.
Suspension and Termination of Access and Membership
By accepting these Terms, you agree that Hobbelisk may suspend or terminate any part of the Service and delete any content that may have been stored on the Hobbelisk Site at any time and without notice, in our sole discretion if you fail to comply with our Terms of Service or applicable laws.
Termination, Inactive Accounts and Username Recycling
If at any time, you do not agree to these Terms of Service, our Privacy Policy, Etiquette Policy, Copyright Policy, or any other terms and conditions, disclaimers, or notices displayed through the Service, do not click “Sign Up” or other similar buttons or links, and refrain from using or accessing any of our Services. If you wish to delete your account and discontinue use of our Service at any time, you may delete your account on the relevant page (User Settings) on our site. If you stop using the Service without deleting your account, your account may be deleted or deactivated for prolonged inactivity. If a previously active or confirmed account is inactive for a year or more, this may result in the deletion or deactivation of the account. Accounts that are not confirmed or that have no prior activity may be deactivated or deleted after three months or more of inactivity. Usernames of deactivated or deleted accounts may, at our discretion, be re-used or re-issued to other users without notice. Certain usernames may be unavailable or re-issued to use if they infringe a registered trademark, service mark, if they may contain offensive or inappropriate words, or if they impersonate another user, moderator, or administrator in violation of applicable laws or these Terms of Service. Your account may be deactivated, deleted, terminated, suspended, limited the ability to access or use the Service, at any time for any or no reason, including the revocation of your moderator or administrator status as a result of violations on these Terms of Service. The sections displayed within these Terms of Service, and any terms or conditions which by their nature may survive termination, will survive any termination of these Terms of Service or your accounts.
Moderators
Besides the moderating performed by administrators who may be contractors or employees of Hobbelisk, moderating Hobbelisk is an unofficial, voluntary position that may be granted to certain Users. Activities that are related to moderating user content, activities, reviews, communications, forums, that are sent, submitted, posted, transmitted or otherwise made available by moderators on or through Hobbelisk Services is considered User Content and subject to the User Content guidelines mentioned above, including other terms and conditions related to User Content herein. Please note that Hobbelisk may change features or abilities associated with moderating at its sole discretion, from time to time and without prior notice. Hobbelisk reserves the right to revoke or restrict a User’s ability to moderate at any time and for any or no reason, including for breaches related to these Terms of Service.
Indemnity
You acknowledge and agree to indemnify, defend, and hold harmless Hobbelisk, its parents, and its respective associated subsidiaries, managers, subsidiaries, and affiliated companies including their directors, employees, agents, contractors, and officers, from and against all and any liabilities, damages, obligations, claims, losses, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) which could arise from breaches or violations by you or any user of your account of these Terms or arising out of breach of your obligations, breach of laws or regulation in the United States or any other country, violations of third-party rights, any other party’s access and use of the Service with your username, password or other appropriate security code, and other representation and warranties under these Terms of Service.
Representations and Warranties
HOBBELISK AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES OR THE CONTENT ON THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE TIMELY, SECURE, UNRESTRICTED, OR FREE FROM ERROR;
- ANY INFORMATION, REVIEWS, OR ENGAGEMENTS, THAT YOU OBTAIN AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, PLEASANT, OR RELIABLE; AND
- DEFECTS OR ERRORS IN THE OPERATION, EXECUTION, OR FUNCTIONALITY OF ANY SOFTWARE OR APPLICATIONS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE UPDATED OR CORRECTED. ONLY THE CONDITIONS, WARRANTIES OR OTHER TERMS THAT ARE EXPRESSLY SET OUT IN THE SERVICES ARE APPLIED, INCLUDING ANY IMPLIED TERMS RELATED TO SATISFACTORY QUALITY, CONFORMANCE WITH DESCRIPTION AND/OR FITNESS FOR PURPOSE. HOBBELISK HOLDS THE RIGHT AT OUR SOLE DISCRETION TO RESTRICT, CHANGE, SUSPEND, OR WITHDRAW ALL OR ANY PART OF THE AVAILABILITY OF THE SERVICE AT ANY TIME AND WITHOUT NOTICE.
Third-Party Websites, Advertisers or Services
You acknowledge that the Service may contain links to third-party applications, advertisers, websites, or services that are not controlled nor owned by Hobbelisk. As described in the terms and within our Privacy Policy, we may deploy from time to time, at any time, and without notice, technology such as APIs for use by third party developers or parties to access our Services. Hobbelisk assumes no responsibility nor has control over the content, privacy policies, or practices of any third party applications, websites, or services. It is your responsibility to review a third party’s terms of service and privacy policy if such third party applications, websites, or services are accessed, and it is done at your own risk. You acknowledge and agree that if you use or access a third party’s application, website, or other services that integrate with Hobbelisk through our APIs or otherwise, that we may, in connection with your use of the Service, provide the third party with information that you have provided through our Services. You acknowledge and agree that this Agreement and Hobbelisk’s Privacy Policy do not apply nor have jurisdiction on your use of such third party applications, websites, or services. You expressly agree that Hobbelisk will not be held responsible nor liable for any damages, issues, or problems thereof that may arise from your use of any third-party applications, websites, or services, or third party owned content. Furthermore, any interactions with or participation of promotions of advertisers found on Hobbelisk, including but not limited to payment and delivery of goods or services, any other such terms (such as warranties) are solely between yourself and such advertisers. You acknowledge and agree that Hobbelisk will not be responsible for any interactions that result in losses or damages that relate to your dealings with such third parties or advertisers. Please be advised of when you leave the Service, and to read the terms of service and privacy policy of any third-party services or websites that you may visit.
Miscellaneous
Please note the following: (I) These terms of Service constitute the entire agreement between you, the User, and us, the Company in regards to your access to and use of the Service. (II) You may not, under any instance, assign or transfer any of your rights (including but not limited to any licenses granted to you) or obligations that fall under these Terms of Use without prior express written consent from Hobbelisk. Any attempt at doing so will be ineffective and void. Hobbelisk may freely assign these Terms of Service at any time and without notice. (III) Failure on our part to exercise or enforce any provision or rights of these Terms of Service will not operate as a waiver of such provisions or rights. (IV) You agree and acknowledge that if for any reason any provision of these Terms of Service are held to be invalid, illegal, or unenforceable, you and the Company agree that the remaining Terms of Service will remain in full force and effect, the provision in question may be replaced lawfully by a provision that most closely approximates the original intent of the parties, and that these Terms of Service will remain in any event otherwise, valid and enforceable. (V) You acknowledge and agree that, unless expressly mentioned or provided in these Terms of Service, there will be no third-party beneficiaries to these Terms of Service.
Contact and Other Comments
If you have any comments, suggestions, qualms, or questions about these Terms of Service or otherwise, please contact us by email at support@hobbelisk.com