Hobeze.Com-Terms & Conditions

Terms & Conditions

Introduction

Welcome to Hobeze, the worlds # 1 hobby specific social networking website where members can express their passion and develop their interest with other like minded enthusiasts. Hobeze is a ‘KeMco Innovations’ company and is accessible via the internet or WAP related service.

These “Terms and Conditions” comprise the legally binding ‘Terms and Conditions’ for your use of all services available at http://www.Hobeze.com. Accessing this URL signifies that you have read, understand and agree to the terms and conditions enclosed herewith and constitutes your commitment to this agreement whether you are a site “Visitor” (i.e. browsing the site) or a site “Member” (i.e. a registered user). You can use the services provided by Hobeze only if you agree to be bound by the terms and conditions of this agreement. If you do not intend to be bound by the terms and conditions of this site you should leave the site immediately. If you wish to become a member of Hobeze and utilise the site features, you need to explicitly accept this agreement during the Registration process.

Changes to Hobeze and the Terms and Conditions

Hobeze reserves the right to edit, delete or add segments to these ‘Terms and Conditions’ at anytime without notice. Such alterations may be brought to the attention of “members” via the “Terms and Conditions” section. Any individual who does not agree to be bound by successive “Terms and Conditions” must cease using the service with immediate effect. If an individual continues to use the service after the “Terms and Conditions” have been modified, they are implicitly stating their binding acceptance of the change.

Eligibility & Registration

In order for a “Member” to be classified as legitimate, they must meet the following qualifying criteria:

Be at least 13 years of age
Be of sound mind to the point that they understand these terms and conditions and agree to abide by same.
The information provided must be true and accurate
Realise that the ‘Username’ and ‘Password’ they select at registration constitutes their full responsibility for all actions executed under that ‘Username’ and ‘Password’
Realise that it is their sole responsibility to keep their ‘Password’ private.
Agree to keep your ‘Registration Information’ accurate complete and up to date.
Hobeze reserves the right to refuse passwords if they contravene the legal rights of other individuals or if they infringe on existing trademarks, proprietary rights law or if by nature are deemed inappropriate by Hobeze at it’s sole discretion.

Member Conduct and Appropriate Content

Hobeze may not be used for any illicit purposes as determined by the company’s sole discretion. Any user engaging in activities deemed inappropriate, libellous, fraudulent, defamatory, pornographic, pugnacious or that contravene local laws, existing trademarks or intellectual property rights, will be immediately removed and information may be made available to the legal authorities for prosecution. These ‘activities’ constitute any text, video, data, software, graphics, audio or photographic material that are posted to the site under the registered ‘Username’. Hobeze has no obligation to monitor user ‘activities’ to determine if submitted content is accurate or consistent with the terms of this agreement.

CONDITIONS FOR USE

Any individual that uses Hobeze agrees to accept full responsibility for all actions conducted under their account and realises that their conduct is subject to all applicable laws whether they be national, international or of a local disposition.

The following passage comprises an incomplete list of illicit activities which every user of Hobeze agrees NOT to engage in:

Profanity, abuse, bullying, slander, libellous acts, impersonations or identity theft.
Use another member’s personal images, video or text content for purposes other than that of the purpose intended by its originator.

Use any form of intellectual property without the proprietor’s prior written consent.
Extrapolate personal information from site members for the purpose of commercial activities or fraudulent activities.
Create, post transmit, store, share or distribute information of an illegitimate, or inappropriate nature deemed unacceptable by the sole discretion of Hobeze, that is of a disposition consistent with but not confined to being pugnacious, invasive of privacy or public rights, hateful, abusive, infringing, vulgar, fraudulent, inflammatory, illicit, harassing, obscene, racially, ethically or immorally objectionable.
Send, upload or transmit illicit software programs / viruses designed to negatively impact another individual’s electronic devices.
Create, upload, display or broadcast any illegitimate content, that in the sole judgement of the company, constitutes the provision for the conduction of a criminal offence or that would violate any person, statute, process or law in an illegal manner.
Attempt to breach the security of the Hobeze network in an unlawful manner in order to interfere in anyway with the member details or in any capacity that could cause either minor or irrevocable damage, impairment or disablement of the site or the services it provides.
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any group or entity.
Edit, delete, index, reformat or frame any segment of Hobeze.
Upload, share, transmit, store or otherwise promulgate any videos other than those of a personal nature that are; of you or your friends, are taken by you or your friends, or are original art or animation created by you or your friends.
Propagate any information that contravenes any trademarks, patents, copyright, intellectual property or any other data that is legally protected either nationally or internationally.
Expose any site member to any form of unsolicited material whether it be “spam”, “junk mail”, “chain letters”, “pyramid schemes” advertising, canvassing or for member attrition purposes.
Upload, transmit, disseminate or in any way display private information pertaining to a third party including but not limited to names, addresses, emails, phone, fax, mobile numbers, social security numbers, credit or debit card numbers.
Solicit sensitive information from any individual under 18 years of age or personal identification data for commercial or illegitimate exploitation.
Eradicate proprietary rights symbols including © ® ™ pertaining to content displayed on Hobeze.
Negatively impact another member’s enjoyment of Hobeze.
Use automated scripts to gather information or engage in unauthorised interaction with the site or the services it provides.
Harvest member specific contact information such as email addresses for unauthorised personal or commercial purposes including but not limited to unsolicited mail or other unsolicited communications.

Proprietary Rights

All materials submitted by an individual to Hobeze is retained in ownership by the person who submitted the content and is in no way affiliated with Hobeze from an ownership perspective. All material submitted to Hobeze constitutes a grant of limited license for Hobeze to promulgate and display the data at it’s sole discretion. This license comprises a non-exclusive, fully paid, royalty-free and sub licensable disposition. This effectively means that Hobeze will not pay for any use of this material and can make this material available via its other affiliated sites or web services. This license will terminate when its author withdraws the associated content from Hobeze, but the license endures for the duration of time other members use that content. Hobeze can divest all instances of this content from other member’s profiles at any time without reason or notice. Any individual posting content on Hobeze agrees to pay any and all royalties or other fees pertaining to the use of this content. Hobeze is in no way liable for royalties or any other form of proprietary compensation pertaining to content posted by its member or other web users whether the content is / is not in the ownership of the person submitting the content.

KeMco Innovations Ltd. retains all rights pertaining to the www.Hobeze.com website and related sites and web services. The site contains proprietary content that constitutes intellectual property and is governed by the appropriate law which protects all site content, visual, auditory and text including but not limited to: images, video, audio, text, proprietary widgets and software programs or code, music, information graphics, site layout, arrangement and the categorisation of hobbies within the context of a social networking website, the logo, tagline, page layout and design.

If you are eligible for use of the site, you are permitted a limited license to gain access to the Hobeze site and utilise the service to download or print a copy of any segment of the site to which you have secured authorised access solely for your private, non-commercial use, under the stipulation that you maintain all copyright and proprietary notices.

‘Hobeze’ and ‘Express Your Passion’ are trademarks of KeMco Innovations Ltd. No persons may copy, alter, disseminate, reproduce, frame, republish, scrape, sell, send or otherwise misuse this proprietary information without explicit written authorisation from KeMco Innovations Ltd.

User Disputes

Users /members of the Hobeze website have complete responsibility for all their interactions with fellow users / members. Hobeze is under no obligation to monitor / resolve any disputes that may arise but may intervene at it’s sole discretion.

Privacy Policy

Hobeze implies a very strict code of conduct with regards the collection and use of personal information. This data is protected as per the terms of the company’s Privacy Policy. Click here to see the Privacy Policy.

Copyright Policy

Notification of Alleged Copyright Infringement

Any Hobeze user that has been identified for modifying, disseminating or otherwise misusing copyright material owned by a third party without their prior written consent, will have there profile terminated without notice. If an individual feels that their intellectual property has been used in a way that constitutes copyright infringement, they or an agent acting on their behalf should forward a written notice that specifies the following, in order to facilitate the communication:

A declaration that you have identified instances on Hobeze whereby the copyrighted work or intellectual property has been infringed.
The country or countries to which your copyright applies
Identify by virtue of a URL, screen shots or specific description of the precise locations within Hobeze where the alleged copyright infringement resides.
The contact information that the copyright owner requires to be sent to the infringer such that they may contact them directly to resolve the dispute.
A statement clearly indicating in what way an individual has contravened the copyright
A statement that attests under the penalty of perjury you are the owner of said copyright or are an agent whom the power has been vested to act on behalf of the copyright owner and clarification that the information contained in the notice is accurate in its entirety
Contact information pertaining to the complainants Name, Address, Telephone, Email and Position
An electronic or physical signature of the copyright owner.
Include the subject heading [Copyright Infringement Notification]

All copyright infringement notices should encapsulate the above information and should be sent to:

Martin O’ Flynn
Email: martin@hobeze.com

If you are ambiguous as to whether copyright infringement has / has not been incurred, you should take legal advice in advance of making allegations to that effect to Hobeze. This ‘notice and removal’ process is regulated by statute and may have negative connotations for unsubstantiated infringement notices or notices sent in bad faith.

Counter Notification

If you ascertain that material you have displayed on Hobeze has been removed by mistake or misidentification, or that it does not contravene a third party copyright, you may forward a ‘Counter Notice’ to Hobeze by transmitting documentation that includes the following information:

Identification of the material that has been extrapolated and the precise location of this material in advance of its removal
A statement confirming you will accept service of process from the party that filed the complaint
Contact information pertaining to your Name, Address, Telephone, Email and Position
A statement expressing with absolute conviction and belief that the material was removed in error or due to misidentification and in no way contravenes copyright as per the complaint received
An electronic or physical signature
Include the subject heading [Counter Notification]

All counter notices should encapsulate the above information and should be sent to:

Martin O’ Flynn
Email: martin@hobeze.com

If you are ambiguous as to whether copyright infringement has / has not been incurred, you should take legal advice in advance of sending a ‘Counter-Notice’ to that effect to Hobeze. This ‘notice and removal’ process is regulated by statute and may have negative connotations for unsubstantiated counter notices or notices sent in bad faith.

Internet / WAP Access

Hobeze accepts no responsibility for the connection to Hobeze or any attenuation in the quality of transmission between its website and the hardware (mobile, WAP or otherwise) used by the user to download or upload content to the website. Users / members are wholly responsible for the equipment they use to access the site via WAP / internet services and the respective chargers incurred as a result.

Termination of Service

Hobeze, in its sole discretion reserves the right to discontinue its service temporarily or permanently with or without notice, at any time. Such action may result in the temporary or permanent inability to access your content and associated files. Wherever possible, Hobeze will endeavour to provide advance warning as to the imminent suspension of services. Hobeze may deactivate or delete your account at any time for any reason. By using this service you agree that Hobeze will not be liable for any downtime or loss of personal data incurred through suspension or termination of the Hobeze service. Members have full capacity to terminate their membership at any time. The company’s legal standing pertaining to its various warranties, proprietary rights, disclaimers, indemnities, limited liabilities and other stated provisions endure beyond any termination of membership.

Disclaimer of Warranties

KeMco Innovations Ltd, and its associates, business partners, investors, members, affiliates, suppliers, employees, licensors, agents and consultants disclaim any and all legal responsibility for the legitimacy, dependability, usability, wholeness, accuracy, substance or availability of information or resources displayed on the Hobeze website.

Hobeze explicitly disclaims:

That data downloaded / uploaded to / from the Hobeze website or its associated servers are free from illicit software programs including viruses.
That errors or issues pertaining to any element of the service will be rectified.
That any content associated with Hobeze will be exact, timely, precise, or reliable.
That the Hobeze service will be uninterrupted, secure, trouble free, error free, and evasive of downtime.
Any and all responsibility or liability for the behaviour of other site members or users or for the accuracy or precision of data submitted by its members.

Hobeze on behalf of itself and its licensees, provides the Hobeze service and all materials, information (including without limitation, text, video, images, graphics, links and other data or material used or accessed via the Hobeze website), products and services encapsulated are provided “as is”, “with all faults”, “as available”, with no warranties whatsoever. Hobeze vigorously and vehemently disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including but not limited to, without limitation, the warranties of merchantability, ‘fit for the purpose’, ‘as described, freedom from computer virus, title and non-infringement of proprietary rights.

You agree that your use of Hobeze is wholly at your own risk and you are completely responsible for any damages to your mobile or pc hardware, loss of data or any other harm that may result from downloading or using any material, software, content or data through Hobeze or any of it’s affiliated services.

Indemnify

You agree to indemnify and hold Hobeze, its directors, respective owners, managers, members, investors, employees, partners, officers, agents, contractors, subsidiaries, affiliates and its related parties from and against any liability, claim, damages, costs, demand and expenses including attorneys fees, arising from or in connection with any element of user content, software, third party applications or context you transmit on or via Hobeze, your use, conduct or interaction with the site or other site users or any contravention of this agreement, or any law or of the rights of any third party.

Limitation of Liability

Your use of Hobeze is entirely at your own risk. Under no circumstances will KeMco Innovations, Hobeze, its directors, owners, investors, officers, managers, members, subsidiaries, parent companies, affiliates, employees or agents be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including for any lost profits or lost data arising whether based in tort, contract, strict liability or otherwise with regards utilisation of the Hobeze website whether or not Hobeze has been advised of the likelihood of such a loss, such limitation of liability shall apply whether the damages are borne out of the use or misuse of and reliance of the Hobeze site, from the inability to use the site or from the disruption, suspension or termination of the site, and not withstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. If you are in anyway dissatisfied with using the Hobeze site, the only course of action to rectify this problem is to cease using the site. Under no circumstances shall Hobeze be liable to you for any damages exceeding one thousand dollars ($1,000).

Notices

Hobeze reserves the right to contact you with notices pertaining to any element of the service it provides, via email, regular mail or site content.

Legal Compliance

It is obligatory for you to fully conform with all licenses, legal conditions, laws, contracts, regulations and decrees both national and international relating to your use of Hobeze.

Commercial Profiles

‘Commercial Profiles’ are profiles established by commercial entities for commercial purposes including but not limited to: increasing brand visibility, brand awareness, showcasing new products and ultimately increasing sales. It is prohibited to create a commercial profile for a third party unless you have the authority to do so.

Hobeze does not assess the validity of a ‘Commercial Profile’ in advance of it being displayed on the website, thus the company cannot assure a ‘Commercial Profile’ is being operated by the entity that purports to be the case. All interactions with a ‘Commercial Profile’ whether the transmission is monetary, information based or otherwise are the sole risk of the parties to the interaction and Hobeze accepts no liability for any loss, or damage incurred as either a direct or indirect result of such interactions.

Ecommerce Store

Hobeze E-commerce store constitutes an online marketplace that enables both private individuals and commercial entities buy and sell products and services pertaining to a multitude of hobbies. All transactions between buyers and sellers and the transfer of ownership and delivery of products / services is the sole responsibility of the contracting buyer and seller to the transaction. Hobeze accepts no liability whatsoever for loss or damage suffered as a result of either party not honouring the transaction including but not limited to goods being “as described” or “fit for the purpose” or for any postal service which fails to deliver a product / service or delivers it in a manner that renders it damaged, unusable or in an otherwise unsatisfactory condition.

Jurisdiction

i. The validity and construction and performance of this agreement shall be governed by the Laws of Ireland and it is a condition precedent to entering this agreement that the parties irrevocably agree that any dispute arising under or in connection with the agreement or howsoever arising out of the agreement shall be subject to the exclusive jurisdiction of the Irish Courts to which the parties to this agreement submit.

ii. For the avoidance of doubt any dispute with any associate or agent or party connected with the Kemco Innovations Limited t/a Hobeze arising under or in connection with the agreement or howsoever arising out of the agreement shall be a dispute within the meaning of Subsection (i) above and shall be subject to the exclusive jurisdiction of the Irish Court.

In the event of any conflict of laws the within provisions as to the exclusive jurisdiction of the Irish Courts shall endure and the within jurisdictional agreement shall be a full and proper defence to any proceedings initiated against Kemco Innovations Limited t/a Hobeze or against any associate or agent or party connected with the Kemco Innovations Limited t/a Hobeze arising under or in connection with the agreement or howsoever arising out of the agreement and the defaulting party attempting to maintain proceedings to which this Section refers otherwise that before the jurisdiction of the Irish Courts shall be responsible for all and any costs incurred by Kemco Innovations Limited t/a Hobeze or its associate or agent or party connected with Kemco Innovations Limited t/a Hobeze as the case may be, in respect of any representation required in the said proceedings or any application necessary to stay or discontinue or dismiss the said proceedings, including ancillary costs.

iii. All and every objection and defence to submitting to the jurisdiction of the Courts of Ireland in respect of all matters the subject of this Section is hereby waived.

Miscellaneous

If for any reason a court of competent jurisdiction finds any stipulations or segment of these terms to be unenforceable, the residual Terms and Conditions will persist in full force and effect.

It is obligatory that you receive full prior written consent from Hobeze before you can entrust any obligations, allocate any rights or assign these Terms and Conditions either in their entirety or a segment thereof, whether by legal undertaking or voluntarily. Any contravention of this term will render the assignment or delegation invalid. Any third party acting on behalf of Hobeze are beneficiaries endowed with these terms and can exercise fully authority to execute any or all terms or rights to the same extent as Hobeze.

There shall be no instance whatsoever where Hobeze will be legally accountable for any disruption in service whether in part or in whole, directly or indirectly as a result of acts of god, terrorist attacks, fires, flooding, electrical failures, failure of any form of equipment or software necessary to transmit or receive the service, orders of national or international courts, strikes, labour disputes or other forms of civil or social unrest, governmental interferences, disturbances in the delicate environment required to house our servers and computer equipment or any form of negligence of any third party.

These Terms and Conditions constitute the entire agreement between you and Hobeze regarding all use of Hobeze and its related services, superseding all pre-existing agreements or understandings, written or oral in relation to the use of this service. Any failure by any party to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or revision regardless of the circumstances. If any element of these term and conditions is deemed unlawful or unenforceable, such a provision will be deemed severable from the ‘Term and Conditions’ and in no way mitigate the validity of residual terms and conditions.