WELCOME TO HOBBY HOUR.
This Agreement may be modified at any time without notice, including a material change of its terms. It is your responsibility to review the most recent version of this Agreement frequently and to remain informed about any changes. Your continued use of the Hobby Hour Platform, is your consent to any updates to this Agreement. The current version of this Agreement supersedes all prior versions, and comprises the entire agreement between you and Hobby Hour regarding use of the Hobby Hour Platform. By accessing and/or using the Hobby Hour Platform, you accept all terms and conditions of this Agreement and any and all modifications that are made to this Agreement. If you do not agree to any provision of this Agreement, you should immediately cease using the Hobby Hour Platform.
The Hobby Hour Platform provides Our users with a variety of resources to facilitate organizing of and participating in classes (each a “Hobby Hour Class”). You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Hobby Hour Platform, including without limitation your participation in or involvement with any Hobby Hour Class (as defined in Section 6.1) and your submission of acceptable Public Information (as defined in Section 4). You also agree to comply with all applicable laws, statutes, ordinances, and regulations regarding the transmission of technical data exported in or from the United States or the country in which you reside.
Eligibility. The Hobby Hour Platform is available to all individuals who are at least 13 years of age. We have the right, in Our sole and absolute discretion, to temporarily suspend or terminate your use of the Hobby Hour Platform and to refuse any and all current or future use of all or any portion of the Hobby Hour Platform by you. The Hobby Hour Platform is not available to any suspended or terminated Hobby Hour user. By registering to use Hobby Hour Platform, you represent and warrant that you are at least 13 years of age and are not under restriction or disability from use of the Hobby Hour Platform. Additional eligibility requirements for a particular Hobby Hour Class may be set by the instructor or host of the Hobby Hour Class (each a “Craftmaster”) of a Hobby Hour Class.
Sub-Section 3.2. Additional Fees Assessed by Craftmasters; Payments Craftmasters. Some Craftmasters may require or request additional fees in addition to the Fees to compensate for material costs, supplies, space rental, and other expenses (the “Additional Hobby Hour Class Fees”). The Additional Hobby Hour Class Fees or other event fees are at the discretion of each Craftmaster, who decide whether such fees are required and how such fees are applied. If you believe any payment to a Craftmaster is in error, you must contact the Craftmaster to seek resolution. Craftmasters have full discretion whether and how to spend money in connection with their Hobby Hour Class. We do not represent and cannot ensure that a Craftmaster is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your Fees or Additional Hobby Hour Class Fees are applied. Hobby Hour makes no guarantee as to your satisfaction with a Hobby Hour Class or Craftmaster.
Sub-Section 3.3. Consent to Disclosure. You acknowledge and agree that Hobby Hour may disclose Your Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order, or legal process served on Us or Our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property, or personal safety of Hobby Hour, its employees, users, and the public; or (e) enable the transfer or sale to another entity of all or substantially all of Our stock or assets, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as We, in Our sole and absolute discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that We believe may expose Us or you to legal liability.
Sub-Section 3.4. Appeareace Release. By using the Hobby Hour Platform and or participating in a Hobby Hour Class you hereby give permission to Hobby Hour or a CraftMaster to photograph and/or record you and your voice on still photographs, motion picture film, audio tape and/or videotape or any digital recording medium and to use this material, in whole or in part, through the media of television, film, Internet, multi-media presentation, radio, audiotape, videotape or in printed form or display form for the promotion of Hobby Hour’s business activities. You waive any moral rights to such material and any right to remuneration for the use of such material used for this purpose and assign and transfer to Hobby Hour any and all rights, including copyright, which you may have in this material. In consideration of your possible appearance in any such Hobby Hour promotional materials or productions and without any further payment from Hobby Hour, you grant permission to Hobby Hour to utilize your likeness and voice in connection with the Hobby Hour promotional materials in any and all manner and media throughout the world in perpetuity. You agree that your participation in the Hobby Hour promotional materials may be edited in Hobby Hour’s sole discretion. You consent to the use of your name, likeness and voice in connection with publicity and promotion of the Hobby Hour promotional materials. You release Hobby Hour and its agents, employees, licensees and assigns from any and all claims which you have or may have for compensation, invasion of privacy, defamation, or any other legal action arising out of the Hobby Hour promotional materials, including, but not limited to, the promotion, publicity, production, distribution, broadcast or exhibition of the Hobby Hour promotional materials. You attest that you are 18 years of age or older and hereby represent and warrant that you have full power and authority to accept the terms of this Agreement and to grant the rights herein granted, and that no other consents, authorizations or payments are necessary to permit the full use and enjoyment by Hobby Hour of the rights granted herein, and that use of your likeness and voice in accordance with the terms and conditions of this Agreement will not violate or infringe upon the copyright, artistic, personal, private, civil or property right, right of privacy, right of publicity, or any other right of any person or entity, nor constitute a libel or slander of any person.
Sub-Section 3.5. Hobby Hour Payments to Craftmasters. All classes listed, paid, and processed through HobbyHour.com are subject to processing fees. Hobby Hour charges a 10% (the “Admin Fee”) processing, administration, and base marketing fee for each registered and paid class participant sold on the Hobby Hour Platform (each a “Ticket”). Craftmasters may choose how to split up the remaining 90% of the ticket cost between the Craftmaster (the “Craftmaster Cut”) and Hobby Hour’s bonus marketing efforts (the “Feature Marketing Fee”) for each schedule (individual class date). The Craftmaster Cut and Feature Marketing Fee may be modified by the Craftmaster until the time the first ticket is sold for a given schedule. It is always free to list free events. Craftmaster Cut (X%) = Total Ticket Cost (100%) – Hobby Hour Admin Fee (10% minimum) – Optional Hobby Hour Feature Marketing Fee (X%), if any Total Schedule Payment = Ticket Cost * Number Tickets Sold * Craftmaster Cut (X%) Hobby Hour will credit the Craftmaster’s payment account for an individual schedule with a net revenue based on the “Craftmaster Cut” at the time of payment. The total ticket cost includes all materials fees. Once the Craftmaster’s Hobby Hour Class is complete and within a reasonable time, Hobby Hour will send Total Schedule Payment to the payment account of the Craftmaster’s choice. Payments will be made once per month, for all Scheduled payments that took place in the previous month. It is the Craftmaster’s responsibility to ensure that their Payment account can receive incoming payments.
Sub-Section 3.6. Hobby Hour Payment Processing. Hobby Hour uses third-party vendors to handle payment processing of the Fees and Additional Hobby Hour Class Fees. The terms and conditions of each such vendor’s platform controls your relationship and interactions with that third-party vendor and Hobby Hour accepts no responsibility or liability with regard to such transactions.
Sub- Section 3.7. Private Event Requests. By listing an event with Hobby Hour, with or without an active schedule, you agree to allow members of Hobby Hour to message you directly and request private events in the interest of building more business for both your own listing as well as to increase commerce on the Hobby Hour Platform. As such, you agree that all requests for private events that originate from the Hobby Hour Platform must be Ticketed using the Hobby Hour payment and registration tools on the Hobby Hour Platform. Furthermore, not listing a private event secured from a Hobby Hour lead is grounds for suspension and/or removal from listing and marketing your classes or events on the Hobby Hour Platform.
Section 4. Your Information
Sub-Section 4.1. Definition. “Your Information” is defined as any information, post, or other material you provide (directly or indirectly), including through the registration process for a Hobby Hour Class, or through the use of Hobby Hour Platform, in any public message board or through email. You are solely responsible for Your Information, and We act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of the Hobby Hour Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of Our website is referred to as “Public Information” (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as “Private Information.” “Publicly accessible” areas of Our website are those areas that are available either to some or all of Our members (i.e., not restricted to your viewing only) or to the general public. You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
Sub-Section 4.2. Restrictions. In consideration of your use of the Hobby Hour Platform, you agree that Your Information:
(a) shall not be fraudulent or materially false;
(b) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance, or regulation;
(d) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
(e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
(g) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers; and
(h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide Us with your valid, current email address, both at the time of your registration with Us and from time to time as your email address changes.
Sub-Section 4.3. License. We do not claim ownership of Your Information. We will use Your Information only in accordance with the terms stated within this document. However, to enable Us to use your Public Information and to ensure We do not violate any rights you may have in your Public Information, you grant Hobby Hour a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise, commercialize, and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.
Sub-Section 4.4. Restriction on Use of Your Information. Except as otherwise provided, We will not sell, rent or otherwise disclose any of your Personally Identifiable Information about you (including your email address) to any third party.
Section 5. Use of the Hobby Hour Platform
Sub-Section 5.1. Control. You, and not Hobby Hour, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via the Hobby Hour Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity, or quality of Your Information or the Information of or posted by other users. Nor do We endorse any opinions expressed by you, Craftmasters, or other users. You understand that by using the Hobby Hour Platform, you may be exposed to information that may be construed as offensive, indecent or objectionable. We do not have any obligation to monitor, nor do We take responsibility for, Your Information, Public Information or information of or posted by Craftmasters, or other users. You agree that under no circumstances will Hobby Hour, its directors, officers, members, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by Craftmasters, or other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted, or otherwise made available in connection with the Hobby Hour Platform, or for any failure to correct or remove information.
Sub-Section 5.2. Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of the Hobby Hour Platform to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Hobby Hour Platform;
(ii) impersonate any person or entity (including Hobby Hour, Hobby Hour staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) “stalk” or otherwise harass another through use of the Hobby Hour Platform or any Public Information of any Hobby Hour member;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of any Hobby Hour Class;
(vi) resell Public Information or access to Public Information; or
(vii) collect or store personal data about other users.
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic, or is of a prurient nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”);
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of any Hobby Hour Class;
(vii) that uses the Hobby Hour Platform primarily as a lead generator or listing service for another website;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow Hobby Hour staff instruction or direction;
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(f) Disclose the Private Information of any member of a Hobby Hour Class without the permission of that member;
(g) Transmit money to Hobby Hour or any Craftmaster through financial accounts that are stolen, fraudulent or otherwise unauthorized; or
(h) Misappropriation of Fees or Additional Hobby Hour Fees by a Hobby Hour member or Craftmaster in violation of the terms of this Agreement.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from Our website. Hobby Hour reserves the right to remove any post or other material without warning or further notice.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from Our website. Hobby Hour reserves the right to remove any post or other material without warning or further notice.
While We prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend Hobby Hour Classes at your own risk.
For purposes of this Agreement, the term “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Hobby Hour and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable, in Hobby Hour’s sole discretion.
Sub-Section 5.3. Interference with Platform. You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on the Hobby Hour Platform; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on Our website (except for Your Information), or create derivative works from Our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Hobby Hour or any other third party, except with the prior written consent of Hobby Hour or the appropriate third party.
Sub-Section 5.4. General Practices Regarding Use of Platform. You acknowledge and agree that We may establish general practices and limits concerning the use of the Hobby Hour Platform. You agree that We have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information.
Section 6. Hobby Hour Classes
Section 6.1. Hobby Hour Classes Through the Hobby Hour Platform We provide access to and enrollment in Hobby Hour Classes that enable Our users to arrange physical meetings at venues that include, but are not limited to, public parks, private homes, or private enterprises (such as coffee shops or retail stores). We do not supervise these Hobby Hour Classes and are not involved in any way with the actions of any individuals at these Hobby Hour Classes. As a result, We have no control over the identity, actions or omissions, whether negligent, grossly negligent, reckless, or intentional, of the individuals who are present at these Hobby Hour Classes and We request that Our users exercise caution and good judgment when attending these Hobby Hour Classes.
Section 6.2. Release. Because We do not supervise or control the Hobby Hour Classes or interactions among or between members of Hobby Hour Classes and other persons or companies, including Hobby Hour Craftmasters, and because We do not conduct background checks, whether criminal or otherwise, on Craftmasters and because We are not involved in any way with physical transportation to or from Hobby Hour Classes or with the actions of any individuals at Hobby Hour Classes and because We do not control third-party credit card companies or other payment processing companies, and because We cannot guarantee the true identity, age, or nationality of the Hobby Hour Platform users, and because We have very limited control, if any, over the quality, safety, morality, legality, truthfulness, or accuracy of various aspects of the Hobby Hour Platform, you agree that you bear all risk and you agree to release Us (and Our officers, directors, members, agents, employees, affiliates, subsidiaries, and third party partners), including the Craftmasters and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Hobby Hour Platform, your Third Party Transactions, Our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Hobby Hour Class. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Sub-Section 6.3. Hobby Hour Event Listing. By listing an event on Hobby Hour, Craftmasters assume full responsibility for the content of the Hobby Hour Class offered. Craftmasters understand that all content, images, and email addresses are publicly available to be viewed, acted upon and enrolled in by a Hobby Hour user. Hobby Hour will contact Craftmasters to confirm the final content of the Hobby Hour Class listing before it is placed on the Hobby Hour Platform via email or phone. After the final Listing is agreed upon by both Hobby Hour and the Craftmaster, the class will be listed on the Hobby Hour Platform. By listing a Class on the Hobby Hour Platform, you agree to honor any registrations through the Hobby Hour Platform at the price and time listed in the Hobby Hour Class offering. Hobby Hour reserves the right, in its sole and absolute discretion, to reject or revoke any Hobby Hour Class listing or request to list a Hobby Hour Class.
Sub-Section 6.4. Event Cancellation and Rescheduling. Hobby Hour reserves the right to cancel or change any Hobby Hour Class at any time, for any reason with notice sent to all registered guests and Craftmaster if not initiated by the Craftmaster. All Hobby Hour Classes are valid only for the specified date. Hobby Hour is not responsible for any changes or cancellations made to classes by the Craftmaster. Most Hobby Hour Classes must meet an established minimum number of Hobby Hour users, set by the Craftmaster, to move forward. If the minimum is not met 25 hours in advance of the Hobby Hour Class start time, the Hobby Hour Class will be automatically cancelled and all registered Hobby Hour users will be refunded to the method of payment. If a Hobby Hour Class is cancelled for any reason, Hobby Hour in coordination with the Craftmaster, shall arrange a suitable rain check or class credit, with the default being a refund to any registered Hobby Hour user with funds generally returned in 2-3 business days. Refunds are not provided to Hobby Hour users whom are unable to make a class, however a credit for a future class may be given at Hobby Hour or the Craftmaster’s sole discretion. If you need further assistance, contact Hobby Hour’s customer support via the Hobby Hour Platform.
Section 7. Communications from Hobby Hour and Members of Hobby Hour
Sub-Section 7.1. Hobby Hour Communications. You understand that certain communications, such as Hobby Hour service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Hobby Hour Class are part of the Hobby Hour Platform. By using the Hobby Hour Platform, you expressly agree to receive such communications from Hobby Hour. You may manage your subscription to Hobby Hour communications by clicking “unsubscribe” at the bottom of email newsletters; however, some basic communications are a necessary part of the Hobby Hour Platform and may not be disabled.
Sub-Section 7.2. Communications with Members of Hobby Hour.
Your Craftmaster. By joining a Hobby Hour Class, you understand and agree that you may receive communication from your Craftmaster and their designees in the normal course of utilizing the Hobby Hour Platform. Your Craftmaster’s messages will be relayed to your email address through Hobby Hour Platform.
Private email. If you email a Craftmaster directly using the Hobby Hour Platform, you bear all risk associated with disclosing your email address to that Craftmaster.
Sub-Section 7.3 Role of the Craftmaster. You understand that the Craftmaster of a Hobby Hour Class in which you are a participant has the right, in his or her sole and absolute discretion, to temporarily suspend, indefinitely suspend, or terminate your participation in his or her Hobby Hour Class, limit or set eligibility requirements for Hobby Hour Class participants, and to temporarily or permanently remove any content or information that you have posted in connection with such Hobby Hour Class. Please be aware that a Craftmaster is: (a) not Hobby Hour’s representative or agent, and therefore a Craftmaster may not enter into contractual relations or obligations on Hobby Hour’s behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Hobby Hour Class participants, unless expressly agreed to by those Hobby Hour Class participants; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Craftmaster or an individual Hobby Hour Class participant unless otherwise agreed.
Sub-Section 7.4. Use of Pop-up Windows. Hobby Hour will not launch pop-up windows to advertise third-party products or services.
Sub-Section 7.5. Other Users. We do not control the information provided by other users, which is made available through Our system. You may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Hobby Hour Platform. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
Section 8. Privacy
Section 9. Links
We may provide, or third parties may provide, links to other websites or resources. Because We have no control over such websites or resources, you acknowledge and agree that We are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Hobby Hour shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource.
Section 10. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found through the Hobby Hour Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Hobby Hour shall not be responsible or liable for any loss or damage of any sort, including, but not limited to, consequential or punitive damages, incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on Our website or located through the use of Hobby Hour Platform.
Section 11. Indemnity
You agree to indemnify and hold Us and Our officers, directors, members, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of the Hobby Hour Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a Hobby Hour Class, or your participation as an Craftmaster in Hobby Hour Classes (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Hobby Hour Classes). Without limiting the foregoing, you, as a user,or Craftmaster agree to indemnify and hold Us and Our officers, directors, members, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any Hobby Hour Class participant or third party due to or arising out of your actions as a user, or Craftmaster, including your use of money paid to you by members of your Hobby Hour Class.
Section 12. Warranties; Liability
Sub-Section 12.1. Disclaimer of Warranties. Your use of the Hobby Hour Platform is at your sole risk. Hobby Hour Platform is provided to you “AS IS” and on an “AS AVAILABLE” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of the Hobby Hour Platform. We disclaim any warranties for any information or advice obtained through the Hobby Hour Platform. We disclaim any warranties for services or goods received through or advertised on the Hobby Hour Platform or received through any links provided by the Hobby Hour Platform, as well as for any information or advice received through any links provided through the Hobby Hour Platform. In addition, no advice or information (oral or written) obtained by you from Us shall create any warranty. You understand and agree that you download or otherwise obtain material or data through the use of Hobby the Hour Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Sub-Section 12.2. Insurance. Hobby Hour represents that it is covered by a general liability insurance policy, which coverage may not extend to you.
Sub-Section 12.3. Limitation of Liability. You agree that in no event shall Hobby Hour be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hobby Hour has been advised of the possibility of such damages), arising out of or in connection with the Hobby Hour Platform or this Agreement or the inability to use the Hobby Hour Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of the Hobby Hour Platform or transportation to or from Hobby Hour Classes, attendance at Hobby Hour Classes, participation in or exclusion from Hobby Hour Classes and the actions or omissions of you or others, including Craftmasters, at Hobby Hour Classes. You further agree that in no event shall Hobby Hour be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages resulting from a Craftmaster’s or other user’s negligence, gross negligence, recklessness, or intentional action; damages resulting from defective design or condition of any material, object, or fixture used at a Hobby Hour Class; or damages resulting from the defective or dangerous condition of the premises at which a Hobby Hour Class takes place. Hobby Hour’s liability to you or any third parties in any circumstance is limited to the greater of: (a) the amount of fees, if any, you pay to Us in the twelve (12) months prior to the action giving rise to liability; or (b) $100.
Sub-Section 12.4. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 12 may not apply to you.
Section 13. Dispute Resolution
Sub-Section 13.1. Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of the Hobby Hour Platform, Your Information, your violation of any law or the rights of a third party, or your participation in a Hobby Hour Class (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at a Hobby Hour Class). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. and hereafter referred to as “JAMS”), or its successor, for mediation pursuant to Section 13.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 13.4. Nonetheless, legal action taken by Hobby Hour to collect any fees and/or recover damages for, or obtain an injunction relating to, Our website operations, intellectual property or Hobby Hour Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by Hobby Hour. In addition, either you or Hobby Hour may seek any interim or preliminary relief from a Court of competent jurisdiction in Columbus, Ohio necessary to protect the rights or property of you or Hobby Hour pending the completion of arbitration.
Sub-Section 13.2. Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
Sub-Section 13.3. Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. Mediation shall occur at the offices of Hobby Hour’s legal counsel in Columbus, Ohio.
Sub-Section 13.4. Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sub-Sections 13.2 and 13.3 shall be submitted to final and binding arbitration before JAMS in Columbus, Ohio or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
Sub-Section 13.5. Enforcement. The provisions of Sub-Sections 13.3 and 13.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
Sub-Section 13.6. Notice; Waiver. By entering into this Agreement you have, except as otherwise specified in Sub-Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 13, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
Sub-Section 13.7. Dispute Resolution By Hobby Hour for the Benefit of Users. We may try to help Hobby Hour members resolve disputes. We do so in Our sole and absolute discretion, and We have no obligation to try to resolve disputes between users. To the extent We attempt to resolve disputes, We will do so in good faith based solely on the general rules and standards of the Hobby Hour Platform, and We will not make judgments regarding legal issues or claims.
Section 14. Modifications
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of Hobby Hour Platform or this Agreement with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or termination of the Hobby Hour Platform.
Section 15. Termination; Breach
You agree that We, in Our sole and absolute discretion, may issue a warning, temporarily suspend, indefinitely suspend, terminate, remove content or information you have posted, or terminate your account or your status as a particular Hobby Hour Class participant or Craftmaster, or your ability to use all or any portion of the Hobby Hour Platform, for any reason, including, without limitation: (a) for lack of use; (b) if We believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference; (c) if We are unable to verify or authenticate any information you provide to Us; or (d) if We believe that your actions may cause legal liability for you, Our users, or Us. You agree that any termination of your account or access to all or any portion of the Hobby Hour Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Hobby Hour Platform. You also agree that We shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Hobby Hour Platform. Termination or suspension of your use of the Hobby Hour Platform in violation of Sub-Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
Section 16. Trademarks; Copyrights; Proprietary Rights
Sub-Section 16.1. Hobby Hour’s Trademarks. Hobby Hour trademarks and service marks, and other Hobby Hour logos, products and service names, are trademarks of Hobby Hour (the “Hobby Hour Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Hobby Hour Trademarks without Hobby Hour’s prior written consent.
Sub-Section 16.2. Copyrights and Trademarks of Others. Hobby Hour respects the intellectual property of others, and We ask Our users to do the same. To the extent Hobby Hour uses a trademark that is the property of a third party, Hobby Hour shall provide clear notice to anyone viewing Hobby Hour’s use of that trademark that: (a) Hobby Hour does not own the trademark and that the trademark is the property of a third party; (b) Hobby Hour has no affiliation, connection or association with that third party; and (c) if applicable, the third party has not approved or sponsored Hobby Hour’s use of the trademark in any way. We may, in appropriate circumstances and in Our sole discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to the Hobby Hour Platform to those who may be repeat infringers. 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 provide Our copyright agent (the “Copyright Agent”) the following information (the “Copyright Notice”): 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information in the Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Copyright Agent for the Copyright Notice of claims of copyright or other intellectual property infringement can be reached through the Hobby Hour Platform.
Sub-Section 16.3. Proprietary Rights. You acknowledge and agree the Hobby Hour Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Hobby Hour Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Hobby Hour or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Hobby Hour Platform, in whole or in part.
17. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Hobby Hour Platform, use of the Hobby Hour Platform, or access to the Hobby Hour Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Hobby Hour Class.
Section 18. Additional Terms
Sub-Section18.1. Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to Us shall be given by certified postal mail with a return receipt requested to: Hobby Hour, LLC, 401 West Town Street, Columbus, OH 43215, and any notice to you shall be given to the email address that you provided Us during the registration process. Notice shall be effective 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing with a valid return receipt from the U.S. post office. Any notice that is not in full compliance with this Sub-Section 18.1 will be deemed as void, ab initio, as if it had never been given.
Sub-Section 18.2. Entire Agreement. This Agreement constitutes the entire agreement between you and Hobby Hour, superseding any prior agreements between you and Hobby Hour. To the extent that you have previously registered with Hobby Hour and provided Your Information, this Agreement now governs how Hobby Hour may use Your Information, whether provided in the past or the future.
Sub-Section 18.3. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Hobby Hour is intended or created by this Agreement.
Sub-Section 18.4. Governing Law and Venue. Except as expressly provided in this Sub-Section: (a) this Agreement and the relationship between you and Hobby Hour shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents; and (b) you and Hobby Hour agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Ohio.
Sub-Section 18.5. Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Hobby Hour, in Our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Hobby Hour’s assets, or similar transaction. You further agree that, in the event of such assignment, Hobby Hour may use Your Information in accordance with Section 4 of this Agreement.
Sub-Section 18.6. No Guaranty. We do not guarantee continuous, uninterrupted or secure access to the Hobby Hour Platform, and operation of the Hobby Hour Platform may be interfered with by numerous factors outside of Our control.
Sub-Section 18.7. No Waiver. Hobby Hour’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive Our right to act with respect to subsequent or similar breaches.
Sub-Section 18.8. Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Hobby Hour nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
Sub-Section 18.9. Survival. Sub-Sections 3.2, 3.3, 4.3, 5.3, 6.2, 11, 12, 13, and 18.4 shall survive any termination or expiration of this Agreement.
Sub-Section 18.10. Limitation. You and Hobby Hour each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Hobby Hour Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
Sub-Section 18.11. Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Section 19. Disclosures; Violations
The Platform offered under this Agreement is offered by: Hobby Hour, LLC, 401 West Town Street, Columbus, OH 43215. Please report any violations of this Agreement by sending a notice of the violation to Hobby Hour by postal mail or email, as follows:
Hobby Hour, LLC
401 West Town Street
Columbus, OH 43215
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By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree and consent to all of the terms of this Agreement, including Section 13 which provides that, except as otherwise specified in Sub-Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.