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FreeHobbyMeet.com TERMS OF USE
1. TERMS OF ACCEPTABLE USE
Mindworks LLC, as FreeHobbyMeet, provides a variety of online resources and content, including classified ads and email services (collectively refered to as "THE SERVICES"), which are subject To the following Acceptable Terms of Use ("TOAU"). By using THE SERVICES in any manner, you agree to abide by all guidelines for THE SERVICES as outlined in the TOAU. These guidelines are subject to change, and the TOAU will be published after any such changes. FreeHobbyMeet has the right to enforce the TOAU through online community feedback, monitoring of content, litigation and prosecution. You may find the latest revision of the TOAU at: http://www.freehobbymeet.com/about/TermsOfUse.html2. CONTENT
You understand that all materials contained in THE SERVICES (CONTENT) are the sole responsibility of the person posting the content. As a posting member, you are wholly responsible for each individual item of CONTENT that you post, email or otherwise make available via the Service. You understand that FreeHobbyMeet does not control, and is not responsible for CONTENT made available through THE SERVICES, and that by using THE SERVICES, you may be exposed to CONTENT that may be considered by some to be offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the FreeHobbyMeet site and CONTENT made available through THE SERVICES may contain links to other websites, which are completelyindependent of FreeHobbyMeet. FreeHobbyMeet makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other webites is at your own risk. You agree that you bear all risk associated with use of THE SERVICESand that under no circumstances will FreeHobbyMeet be liable in any way for any CONTENT or for any loss or damage of any kind incurred as a result of the use of any CONTENT available via THE SERVICES. You acknowledge that FreeHobbyMeet pre-screens CONTENT to search for inappropriate wording, and that FreeHobbyMeet shall have the sole discretion to refuse or delete any CONTENT violating the letter or spirit of the TOAU or for any other reason whatsoever.3. GENERAL INFORMATION
The TOAU constitute the entire agreement between you and FreeHobbyMeet and govern your use of THE SERVICES, and superceds any prior agreements between you and FreeHobbyMeet. The TOAU and the relationship between you and FreeHobbyMeet shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and FreeHobbyMeet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Anoka, Minnesota. The failure of FreeHobbyMeet to exercise or enforce any right or provision of the TOAU shall not constitute a waiver of such right or provision. If any provision of the TOAU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOAU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOAU must be filed within one (1) year after such claim or cause of action arose or be forever barred.4. CONDUCT
You agree not to post, email, or otherwise make available Content that: a) is unlawful, abusive, libelous, harassing, defamatory, harmful, threatening, invasive of another's privacy; b) is harmful to minors in any way; c) that is pornographic or depicts a human being engaged in actual sexual conduct of any kind; d) is hateful, harasses, degrades, or is designed to intimidate any individual or group of individuals on the basis of gender, sexual orientation,religion, race, ethnicity, age, or disability; e) violates any federal, state, or local laws; f) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; g) includes personal or identifying information about another person without that person's explicit consent; h) is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; j) constitutes or contains any unsolicited commercial advertisement including "affiliate marketing", "link referral code", "junk mail," "spam” or "pyramid schemes"; k) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Minnesota law. l) contains software viruses, spyware, malware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality THE SERVICES or any users computers; m) disrupts the normal flow of dialogue with an excessive amount of Content (denial of service attack) or that otherwise negatively affects the performance and delivery of THE SERVICES n) attempt to disguise the origin of the CONTENT made available through THE SERVICES. In addition, you agree not to: a) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose outside the purpose of THE SERVICES; b) harass any users of THE SERVICE or employees or representatives of FreeHobbyMeet; c) collect personal data about other users for commercial or unlawful purposes; d) use any automated means, including spiders, robots, crawlers, data mining tools, or the like to download CONTENT from the Service - unless expressly permitted by FreeHobbyMeet; e) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable burden on FreeHobbyMeet servers and network; f) attempt to gain unauthorized access to FreeHobbyMeet's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the FreeHobbyMeet website;5. NO SPAM POLICY
Any unauthorized use of THE SERVICES to send unsolicited email to any user is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.).Such violations may subject the sender and his or her agents to civil and criminal penalties.6. PRIVACY AND INFORMATION DISCLOSURE
FreeHobbyMeet has established a Privacy Policy outlying how information is collected and used. This privacy policy is found at: http://www.FreeHobbyMeet.org/about/privacyPolicy.html . Your use of the FreeHobbyMeet website and/or THE SERVICES implies acknowledgement and and agreement to our Privacy Policy. You further acknowledge and agree that FreeHobbyMeet may, in its sole discretion, preserve or disclose all of your information, if required to do so by law or toenforce the TOAU. We may use any of your information or to respond to claims that any of THE CONTENT violates the rights of third-parties, or to respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent. We may also use your information to investigate claims of harassment, and to protect the rights, property, or personal safety of FreeHobbyMeet, its users and the general public.7. THIRD PARTY CONTENT, SITES, AND SERVICES
The FreeHobbyMeet site and CONTENT available through THE SERVICES may contain features and functionality that may link you to or provide you with access to third party content which is completely independent of FreeHobbyMeet. These links and functionality includw web sites, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with any organization and/or individual found on or through THE SERVICES, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should take any necessary and appropriate measures to protect yourself before proceeding with any online or offline transaction with any of these third parties. You agree that FreeHobbyMeet shall neither be responsible or liable for any loss or damage of any sort incurred as the result of using THE SERVICES nor for any loss or damage resulting from following any links to other services or through contacting other participants in THE SERVICES. If any dispute arises between users of this site, or between users and any third party, you understand and agree that FreeHobbyMeet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FreeHobbyMeet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.8. CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify FreeHobbyMeet's via email at: abuse@FreeHobbyMeet.com. When doing so, please provide the following information: a) Identification of the material on the FreeHobbyMeet site that you claim is infringing, with enough detail so that we may locate it on the website; b) 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; c) A statement by you declaring under penalty of perjury that the above information in your Notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. FreeHobbyMeet will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).9. LIMITATIONS ON SERVICE
You acknowledge that FreeHobbyMeet may establish limits concerning use of THE SERVICES, including the maximum number of days that CONTENT will be made available through THE SERVICES or retained by the Service, and that FreeHobbyMeet may impost future limits on number and size of postings. You agree that FreeHobbyMeet has no responsibility or liability for any deleted CONTENT. You acknowledge that FreeHobbyMeet reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FreeHobbyMeet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.10. FEE BASED SERVICES
FreeHobbyMeet may in the future charge a fee for premium services. All fees paid will be non-refundable in the event that the premium services is terminated by either the user or FreeHobbyMeet by request or for violating the TOAU.11. LICENSE TO USE THE SERVICES
FreeHobbyMeet grants you a limited, revocable, nonexclusive license to access THE SERVICES for your own personal and commercial use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of THE SERVICES or CONTENT, or any use of data mining, robots, spiders, or similar data gathering tools for any purpose unless expressly permitted by FreeHobbyMeet. A limited exception is to provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of cataloging hyperlinks to THE SERVICES and CONTENT provided they comply with our robots.txt file. FreeHobbyMeet permits you to create a hyperlink on your website to THE SERVICES or CONTENT providing the links do not portray FreeHobbyMeet, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of THE SERVICES beyond the scope of authorized access granted to you by FreeHobbyMeet immediately terminates all permissions and licenses. In order to collect, aggregate, copy, duplicate, display or make derivative use of THE SERVICES or any CONTENT for other purposes (including commercial purposes) not stated herein, you must first obtain permission from FreeHobbyMeet.12. TERMINATION OF SERVICE
You agree that FreeHobbyMeet, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of THE SERVICES (or any part thereof), immediately and without notice, and to delete any CONTENT for any reason if FreeHobbyMeet believes that you have acted outside the letter or spirit of the TOAU. Further, you agree that FreeHobbyMeet shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use THE SERVICES after said termination.13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. CONTENT made available through THE SERVICES is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, or redistribution of any CONTENT o the site, and/or copying or reproducing the CONTENT or THE SERVICES or any portion thereof is prohibited without the express written consent of FreeHobbyMeet. You agree not to duplicate, reproduce, or copy CONTENT from THE SERVICES without the express written consent of FreeHobbyMeet, and agree to abide by all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the CONTENT or THE SERVICES. By posting CONTENT to any public area of the Service, you automatically Grant to FreeHobbyMeet an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said CONTENT, and to prepare derivative works of of posted CONTENT, Furthermore, by posting CONTENT to any public area of the Service. You automatically grant FreeHobbyMeet all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the CONTENT on THE SERVICES by any party for any purpose.14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FreeHobbyMeet SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FreeHobbyMeet SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeHobbyMeet DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FreeHobbyMeet SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeHobbyMeet DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FreeHobbyMeet SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FreeHobbyMeet SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeHobbyMeet DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FreeHobbyMeet SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.15. INDEMNITY
You agree to indemnify and hold FreeHobbyMeet, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of CONTENT you submit, post or make available through THE SERVICES, your use of THE SERVICES, your violation of the TOAU, your breach of any of the representations and warranties herein, or your violation of any rights of another.16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOAU, by flagging the posting(s) for review, or by emailing to: abuse@FreeHobbyMeet.com Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree to pay FreeHobbyMeet's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, FreeHobbyMeet retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.17. TECHNOLOGY
With existing technology, it is not possible to develop and operate computer software and hardware entirely without error. It is also not possible to rule out any unpredictable events in connection with the Internet. Therefore, FreeHobbyMeet provides no guarantee for the uninterrupted availability of the website and other technical systems. FreeHobbyMeet shall not be liable for any damage incurred by users or third parties arising from the use of FreeHobbyMeet's services. In particular, FreeHobbyMeet shall not be liable for damage that occurs due to postings not being received by FreeHobbyMeet, posting inquiries not being received promptly, or not being received as a consequence of technical errors.18. FEEDBACK
We welcome your questions and comments on this document through email to feedback@FreeHobbyMeet.com