Hobbico Terms of Service
Your access to and use of the Hobbico web sites listed below is subject to these Terms of Service, which we may update from time to time. It is your responsibility to periodically review these terms for applicable changes. Your use of any of these sites after we post any changes to these terms constitutes your agreement to those changes. If you have any questions about these terms, you can let us know by e-mailing Hobbico at email@example.com.
Sites covered by the Terms of Service outlined on this page include, but are not limited to: aquacraftmodels.com, bestrc.com, carlgoldbergproducts.com, coverite.com, coxmodels.com, dle-engines.com, dromida.com, duratrax.com, dynaflite.com, electrifly.com, flightpowerbatteries.com, flyzoneplanes.com, futabarc.com, greatplanes.com, hasegawausa.com, helimaxrc.com, hobbico.com, missionsofca.com, monokote.com, muchmoreusa.com, odonnellracing.com, osengines.com, realflight.com, revell.com, supertigre.com, tacticrc.com, top-flite.com, trakpowerusa.com, vstankusa.com
THE USE OF OUR WEB SITES BY CHILDREN
YOUR VIDEO SUBMISSIONS
From time to time, our web sites may offer features which allow you to upload videos for submission to Hobbico. By uploading videos, you give your consent to Hobbico to, at Hobbico’s sole discretion, display your videos or portions thereof on this web site and on social media pages controlled by Hobbico, as well as on any other third party web site, and for other public viewings. You warrant that you have the authority to authorize such use and public display of your videos. You represent and warrant that you own all rights in the videos and the contents contained therein, and that only your image, and no images of other persons, are depicted in such videos. In the event that another person’s image is depicted or included in your video, Hobbico reserves the right to reject any such video and remove it from its web site.
By uploading a video to our web site, you are granting to Hobbico Inc., and its affiliates, and their respective directors, officers, shareholders, employees, agents, assignees (collectively referred to as “Hobbico”) the non-exclusive, irrevocable, fully paid, worldwide license to use, edit, copy, sublicense, transmit, distribute, publicly perform, publish, modify, display or delete such video, or any portion thereof, in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of Internet and wireless protocol.
By uploading a video to our web site, you also give your consent to Hobbico to use your name, photograph and/or videos, likeness, and/or image in any and all purposes relating to Hobbico’s business activities and this web site, in any and all media including on the Internet, without territorial, time, use or other limitation, without further obligation to you. You waive any right you may otherwise have to approve such use. You release, waive and discharge Hobbico from any and all liability to you, your heirs, assigns, executors, and personal representatives for any and all loss or damage on account of injury to person or property, whether caused by the negligence of Hobbico or otherwise, arising out of Hobbico’s use of your name, photograph and/or video, likeness, and/or image. You agree to indemnify, defend and hold harmless, Hobbico from any claim or liability arising out of submission of your video to our web site.
WEB SITE CONTENT
All content on the Hobbico web sites, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Content") is the property of Hobbico and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Hobbico subject to license, or subject to the fair use provisions of U.S. trademark law. Users of the Hobbico web sites are expressly forbidden to misuse any Hobbico content or any third party content that appears on the web site.
You agree not to display or use any Content for any commercial purpose, in any publications, in public performances, in connection with products or services that are not those of Hobbico, in any manner that is likely to cause confusion among consumers, that disparages or discredits Hobbico and/or its licensors, that dilutes the strength of Hobbico's or its licensors' property, or that otherwise infringes Hobbico or its licensors' intellectual property rights.
REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGEMENT
Hobbico makes no representations about the reliability of the features of the Hobbico web sites, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Hobbico makes no representations regarding the amount of time that content on its site will be preserved.
OUR WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILBABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT OT OUR WEB SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HOBBICO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR WEB SITE, NOR SHALL HOBBICO BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HOBBICO'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR WEB SITE, RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL HOBBICOS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Notwithstanding the foregoing, this provision is not applicable in the State of New Jersey.
You agree to indemnify and hold Hobbico, its parents, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms of Service, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person. Notwithstanding the foregoing, this provision is not applicable in the State of New Jersey.
Both you and Hobbico acknowledge and agree that no partnership is formed and neither you nor Hobbico has the power or the authority to obligate or bind the other.
These Terms of Service will be governed by and construed in accordance with the internal laws of the State of Illinois.