By accessing The HobbingPost online on www.hobbingpost.com (“the Site”) or by otherwise accessing any content found on this web site or by using any digital application edition of The HobbingPost or other digital application published by The HobbingPost (each a “Digital Application”), you are entering into an agreement with The HobbingPost Media Company Limited (“The HobbingPost”) and agree to the terms that follow. The Site is owned and operated by The HobbingPost.
The HobbingPost and The HobPost are trading names of The HobbingPost Media Company Limited.
These terms were last updated on 25th April 2014.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “HobbingPost Content”), is copyright of The HobbingPost and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as “The HobbingPost” name and logo or other trade names appearing on the Site) for any reason without written permission from The HobbingPost. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
USE OF HOBBINGPOST CONTENT
All HobbingPost content is strictly for personal, non-commercial use only.
You may retrieve and display HobbingPost Content from Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any HobbingPost Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from The HobbingPost:
- Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the HobbingPost Content; or
- Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the HobbingPost Content (including as part of any library, archive or similar service) without the prior written consent of The HobbingPost; or
- Remove the copyright or trademark notice from any copies of HobbingPost Content made under these Terms.
Any use of HobbingPost Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Rights and Syndication department, on email@example.com and may be subject to a fee.
REGISTRATION, PASSWORDS AND RESPONSIBILITIES
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to HobbingPost Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify The HobbingPost if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any HobbingPost Content. You will provide The HobbingPost with accurate, complete registration information and inform The HobbingPost of any changes to such information. For the purpose of confirming your compliance with these Terms, The HobbingPost reserves the right to monitor and record activity on the Site and Digital Applications, including access to HobbingPost Content.
Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. The HobbingPost does not allow multiple users (networked or otherwise) to access the site and/or any Digital Edition through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this without further obligation to you.
FEES AND PAYMENTS
You are responsible for any fees that are payable.
Access to some HobbingPost Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by The HobbingPost. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
If your use of the Site is terminated by The HobbingPost, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from The HobbingPost’s third party partners. In that event, your contract for such products will be with the third party partner and not with The HobbingPost.
All refunds are at the discretion of The HobbingPost. Any refunds can only be made to the credit/debit/charge card that was used for the original purchase.
You are responsible for all content you post.
The Site and Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to The HobbingPost and interaction between users and The HobbingPost representatives (“Forums”). While The HobbingPost does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by The HobbingPost on a Forum. You may not:
- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
- Post, link to or otherwise publish any Messages that infringe copyright;
- Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice on-going legal proceedings or breach a court injunction or other order;
- Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of The HobbingPost;
- Post Messages in any language other than English;
- Post the same Message, or a very similar Message, repeatedly;
- Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
- Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
- Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
- Disguise the origin of any Messages;
- Impersonate any person or entity (including The HobbingPost employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
- Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
- Collect or store other users’ personal data; and/or
- Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless The HobbingPost from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 5.
The HobbingPost has no control over individuals posting Messages on any Forum. The HobbingPost cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting The HobbingPost a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. The HobbingPost reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for The HobbingPost to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify The HobbingPost immediately by emailing firstname.lastname@example.org or the “Report Abuse” function on reader comments. Repeated misuse of the “Report Abuse” function will result in your access to the Forums being terminated.
The HobbingPost respects your privacy.
Changes to the Site
The HobbingPost reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of HobbingPost Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site.
LIABILITY AND INDEMNITY
All HobbingPost Content and services are provided ‘as is’. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, The HobbingPost makes no warranty, express or implied concerning HobbingPost Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. The HobbingPost expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The HobbingPost, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The HobbingPost has been advised of the possibility that such damages may arise. The HobbingPost does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of The HobbingPost or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The HobbingPost exceed the amount, if any, paid by you to The HobbingPost for the particular Service to which the claim relates.
Upon The HobbingPost’s request, you agree to defend, indemnify and hold harmless The HobbingPost, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
The HobbingPost will not be held responsible for circumstances beyond its control.
The HobbingPost, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the HobbingPost Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of HobbingPost Content.
Changes to these Terms: The HobbingPost may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or HobbingPost Content). Whenever the Terms are changed, The HobbingPost will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after The HobbingPost has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain the HobbingPost Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites: Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. The HobbingPost is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. The HobbingPost is not responsible for the availability of these websites or their content.
Assignment of Agreement: This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. The HobbingPost may assign this agreement to a third party.
Non-Waiver: No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices: Notices to The HobbingPost must be given by email to email@example.com and receipt of same must be acknowledged.
Severability/Survival/Statute of Limitations: If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
TERM AND TERMINATION
The HobbingPost may terminate or suspend your access to HobbingPost Content at any time.
The HobbingPost may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any HobbingPost Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to The HobbingPost under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of The HobbingPost, The HobbingPost shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.