Terms of Service

Welcome to Hobify.

Hobify is a social e-commerce marketplace that enables people to connect with each other socially based on their interests and hobbies and provide a sales platform that meets their hobby’s current needs.

The following terms, conditions, and policies (“Terms” or “Agreement”) govern your use of our social e-commerce marketplace (“Hobify”) and the content, services, and products made available to you on or through it (collectively, the “Services”), except where we expressly state that separate terms (and not these) apply. These Terms are a legally binding contract between you and the operator of Hobify, Hobify LLC, whom provides the Services to you.

Our legal address is:

Hobify LLC
2503 Woodrow Street
Suite 4
Portsmouth, VA 23707

Please review the following Terms carefully. By accessing, browsing, or otherwise using any of our Services, you accept and are agreeing to the Terms. If you do not accept and agree to being bound by all of the Terms, do not use Hobify or our Services.

Services We Provide

We wanted to give people with a passion for a hobby the ability to build and participate with like-minded individuals with more features than any other website or platform; more of what you want and less of what you don’t. In order to achieve this, we provide the Services described below:

We provide a customized social e-commerce marketplace based on your interests and hobbies. Your experience on Hobify will be unlike anything else. We have fully integrated a social network and an e-commerce marketplace, with a custom payment service, e-wallet, and easy shipping system all backed by a company that cares about you, whether you are a buyer, seller, novice, expert, sole proprietor, or business. Our payment system and e-wallet are protected by layers of security protocols and all funds are held in trust at a US bank and protected by FDIC insurance up to $250,000 per user account.

On Hobify, you can find and connect with people, groups, businesses, and others in one hobby or multiple hobbies; the choice is yours. Each hobby community we support is custom built and tailored to the hobby it serves providing the features it expects and uses every day. You can share status updates, photos, videos, show off your collection, ask for advice, teach others your techniques, and learn new ones.

We designed Hobify to stop (or at least significantly reduce) fraud and abuse. In today’s world, people want to engage in hobbies and activities on their schedule, without worrying about fraud and abuse. First, every user is verified before they can engage with other users on our platform. We perform a full identity verification and bank level KYC/AML checks on every person after sign up. Second, every group allowed on Hobify is fully moderated by group owners/admins that are also engaged in your hobby. We monitor all groups and are always willing to take action when any of our users encounter situations that could be fraudulent in nature or are mistreated. We take these situations very seriously and pursue this type of conduct to the fullest extent the law allows. In less serious cases, we may step in to mediate, remove content, restrict access to certain features, disable accounts, contact law enforcement, or any other actions we see fit to protect our users.

We strive for continuous improvement of our Services. Just because our Services work now, doesn’t mean they will always will or that our hobby communities won’t want more. We are and will continue to research, develop, test, and roll out new Services while making our current Services better. As the hobby evolves, Hobify will too.

How We Make Money

As a social e-commerce marketplace, we designed Hobify to profit from our Services. Many of our Service have paid features integrated into them. Some of our Services are required for you to use and some are not. We also allow limited, hobby specific advertising by some of our users. By using our Services covered by these Terms, you agree that you will use the Services we require you to use on Hobify and that we can show you ads that users pay us to promote on Hobify. We use your personal data, such as information about your hobby activities and interests, to show you ads and promoted posts that we believe would be of interest to you.

We collect and use your personal data in order to provide the Services described above to you. You can learn about how we collect and use your data in our Data Policy.

Using Hobify

Accounts on Hobify

An account is required for you to use Hobify. The following are the Terms as they apply to your account on Hobify. While chances are very low, we may, at our sole discretion and without recourse or explanation, deny you access to Hobify or our Services at any time.

Account Eligibility

To be eligible to register an account to use Hobify, you must:

  • Be 18 years of age or older.
  • Be a US citizen or a resident of a country which we support.
  • Possess the legal capacity to enter into these Terms and any additional terms that are required by us.
  • Possess an e-mail account which only you have access to and be able to access it.
  • You have not previously had an account which was disabled due to violations of our Terms or Policies.
  • You are prohibited from receiving or using our products or services under applicable laws.

Account Registration

To access Hobify, you must:

  • Register a single user account using your legal name.
  • Select a password which only you know.
  • Verify the email address you used during registration.

Account Verification

Once your account is registered and prior to using our Services, you must:

  • Provide us your accurate personal and/or business information.
  • Allow us to submit your personal/business information for verification to a third party.
  • Once we verify your identity, you are free to use our Services.

Our verification process verifies your identity so we know that you are who you say you are. This process meets banking level KYC/AML requirements. The process is automatic and takes less than a minute in most cases. In some cases, we require manual verification.

Account Control

  • Your account is not transferable or assignable without the express permission of Hobify LLC
  • You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
  • You agree to immediately notify us of any unauthorized use of your password or any other breach of security.

You agree that Hobify cannot and will not be liable for any loss or damage arising from your failure to comply with account control as discussed herein.

Account Closing

You may close your Hobify account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your Hobify account even after account is closed. When you close your Hobify account, we will cancel any scheduled or incomplete transactions. If you have funds in your wallet or a gift card ballance, you must withdraw or transfer any funds before closing your hobify account.

In certain cases, you may not close your Hobify account, including:

  • To evade an investigation.
  • If you have a pending transaction or an open dispute or claim.
  • If your Hobify account has a negative balance.
  • If your Hobify account is subject to a hold, limitation or reserve.

Our Privacy Policy covers how we manage your personal information after account closure.

Prohibited Actions/Activites on Hobify

There are actions that, should they occur, would be at the expense of the integrity or good order and discipline on Hobify and in its communities. Therefore, you agree not to engage, facilitate or support other users in any of the following conduct described below. You may not use our Services to do or share anything:

  • That violates these Terms, or any of our other terms and policies that apply to the use of Hobify.
  • That is unlawful, misleading, discriminatory or fraudulent.
  • That infringes or violates someone else's rights, including their intellectual property rights.
  • That violates any local, state, federal, or international laws.
  • That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  • That harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
  • That links directly or indirectly to any materials to which you do not have a right to link
  • That contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  • That contains software viruses or any other computer code, files or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from Hobify or Services
  • That contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  • In the sole judgment of Hobify LLC is objectionable or restricts or inhibits any other person from using or enjoying Hobify or Services, or which may expose Hobify LLC, our affiliates, or our Users to any harm or liability of any type
  • You may not access or collect data from our Services using automated means (without our prior permission) or attempt to access data you do not have permission to access.
  • Use our content or content of our users to:
    • Develop a competing website.
    • Create compilations or derivative works as defined under United States copyright laws for use anywhere other than Hobify.
    • Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
    • Decompile, disassemble, or reverse engineer Hobify, our Services, and any related software.

This list is not all inclusive as creating a list that would cover every conceivable situation is not likely achievable. Therefore, we reserve the right, without recourse from you, to remove any content that may not be specifically listed above, at our discretion.

Permissions You Give Us

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content post, upload, or share content that is covered by intellectual property rights on or in connection with our Services. This license will end when your content is deleted from our systems subject to these Terms. This grants us permission to use the content you create and share. You own and retain all intellectual property rights of any content that you create and share on Hobify. You are free to share your content wherever you want with anyone you choose.

You grant us permission to use your information (your name, profile picture, and information about your actions) for use in our Services. This gives us the permission to use your name and profile picture and information about actions you have taken on Hobify in connection with purchases, sales, trades, comments, or any other actions possible now or in the future to provide you customized Services which we or other users may profit from without any compensation due to you.

Permission to update software you use or download. This gives us permission to download and install updates to the software where available.

Your limits on Hobify’s Intellectual Property

Hobify may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of Hobify or our Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Hobify LLC.

Our content, as found within Hobify or our Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such content is strictly prohibited. Your use of Hobify and our Services does not grant you any ownership rights to our content.

Limited License to use Hobify

Hobify LLC grants you a nonexclusive, nontransferable, revocable license to access and use Hobify and our Services strictly in accordance with these Terms and other terms and policies when they apply to the Services you are using. Your use of Hobify and our Services is solely for internal, personal, noncommercial purposes, unless otherwise provided in these Terms or other terms and policies we provide. No printout or electronic version of any part of Hobify or our Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Additional Provisions

Updating our Terms

Please review the Terms periodically. We reserve the right, in our sole discretion, to update or revise these Terms at any time. In the event of any such update or revision, we will change the “Effective Date” date indicated above. Such updates or revisions shall become effective immediately upon the posting thereof. Any pending disputes at the time of change will be handled using the previously agreed to Terms unless the parties expressly agree otherwise. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF UPDATES AND/OR REVISIONS TO THE TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH UPDATE AND/OR REVISED TERMS.

Electronic Communications/Notices

When you use any of our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on Hobify or through our Services, such as our Message system, and you can retain copies of these communications for your records. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Hobify account and that the Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Communications include but are not limited to:

  • terms, agreements and policies, such as these Terms, Additional Terms, Policies and our Data Policy, including updates thereto;
  • annual disclosures;
  • transaction receipts or confirmations;
  • communication in relation to delinquent accounts (which may also be by phone, and may be made by Hobify or by anyone on its behalf, including a third-party collection agent);
  • account verification;
  • payment verification;
  • account statements and history;
  • federal and state tax statements; and
  • any other notifications we feel are reasonably required by us, law, or that we believe you would want to be informed of.

We will provide these Communications using the information we have on file in your Hobify account. Even if this information is not up to date, Communications are considered received by you within 24 hours of the time they are emailed to you or posted on Hobify. You further agree that your electronic signature has the same effect as your manual, physical signature.

Account Suspension or Termination

We want Hobify to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine that you have clearly, seriously or repeatedly breached our Terms or policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but our rights under this Agreement will survive any termination of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty, arbitration, dispute resolution, and jurisdictional issues.

Discontinuation Of Services

We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services

Content Disclaimer

The opinions expressed on Hobify are not necessarily the opinions of Hobify LLC. Any content posted or shared by users on Hobify is of their own opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anything. The content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, content may become out-of-date. We undertake no obligation to update any content on Hobify. Users are responsible for their own content where applicable, and may update their content at any time without notice and at their sole discretion.

Link Disclaimer

Hobify may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites. Hobify LLC has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

Advertisers and Sponsors Disclaimer

Hobify may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Hobify is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD-PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY HOBIFY LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Financial, Legal, and Other Advice Disclaimer

Nothing contained on Hobify will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Hobify LLC or our users. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained on Hobify or in our Services.

Indemnity

You will indemnify and hold harmless Hobify LLC from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Hobify LLC and such parties, and shall defend Hobify LLC and such parties against any and all claims arising out of (1) your breach of these Terms; (2) your breach of any additional terms that apply to our Services; (4) fraud you commit, or your intentional misconduct or gross negligence; (5) your violation of any applicable U.S. of foreign law or the rights of a third party; or (6) your actions on Hobify. Hobify LLC will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Hobify LLC.

Warranty Disclaimer

Hobify LLC is not responsible or liable in any manner for any content posted on Hobify or in connection with our Services, whether posted or caused by users of Hobify, or by Hobify LLC. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, share, sell, or transmit, on Hobify or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using Hobify or our Services. Hobify LLC is not responsible for the online or offline conduct of any user of Hobify or our Services.

Hobify or our Services may be temporarily unavailable from time to time for maintenance or other reasons. Hobify LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user content or their communications.

Hobify LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to users’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with Hobify or our Services, including without limitation any software provided through Hobify or our Services.

Under no circumstances will Hobify LLC be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of Hobify or our Services, or any interactions between users of Hobify or our Services, whether online or offline.

Hobify LLC reserves the right to change any content, software, and other items used or contained on Hobify or our Services at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by Hobify by third parties, or by any of the equipment or programming associated with or utilized by our Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF HOBIFY AND OUR SERVICES ARE AT YOUR SOLE RISK. HOBIFY’S SERVICES, INFORMATION, CONTENT, AND OTHER SERVICES PROVIDED FROM OR THROUGH HOBIFY ARE PROVIDED TO YOU ON A ‘AS-IS’, ‘AS AVAILABLE’, ‘BEST EFFORTS’ BASIS, WITH ‘ALL FAULTS’. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HOBIFY LLC MAKES NO PROMISES OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES 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, ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, OR QUIET POSSESSION, ANY PRODUCT'S, SERVICE'S, PROGRAM'S, OR INFORMATION'S CONDITION, AUTHENTICITY, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, PROGRAM OR LINKS WILL MEET SPECIFIC REQUIREMENTS, THAT THE OPERATION OF ANY PROGRAM, SERVICE, LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED, OR THAT LINKS WILL CORRECTLY TRACK REFERRALS, THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT HOBIFY’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, IN FACT OR IN LAW, RELATIVE TO THIS AGREEMENT. HOBIFY LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A USER OR THEIR PRODUCTS OR SERVICES. HOBIFY LLC DOES NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF PROFITS OR COMMISSIONS. HOBIFY AND OUR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. HOBIFY AND OUR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM HOBIFY OR OUR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH THE USER.

Limits on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOBIFY LLC, ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MANAGERS, MEMBERS, DIRECTORS, INFORMATION PROVIDERS, OR LICENSORS BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF HOBIFY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OR DAMAGE OR ANY KIND BUSINESS OR PERSONAL PROPERTY; LOSS OF BUSINESS OPPORTUNITY; DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INCOME, OR PROFIT; CLAIMS OF ACTIONS, INJURY OF THIRD PARTIES OR FOR OTHER INTANGIBLE LOSSES (EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HOBIFY LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF) RESULTING FROM: (A) ANY ERRORS IN OR OMISSIONS FROM HOBIFY OR OUR SERVICES, (B) ANY PRODUCT LIABILITY ISSUES TO THE EXTENT THAT WE ARE NOT INVOLVED WITH THE MANUFACTURER OF THE PRODUCT(S) GIVING RISE TO LIABILITY, (C) THE UNAVAILABILITY OR INTERRUPTION OF HOBIFY OR OUR SERVICES, (D) YOUR USE OR INABILITY TO USE HOBIFY, CONTENT, OR OUR SERVICES, (E) THE CONTENT CONTAINED ON HOBIFY OR OUR SERVICES, (F) ANY DELAY OR FAILURE IN PERFORMANCE OF HOBIFY OR OUR SERVICES BEYOND OUR CONTROL, (G) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (H) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT PROPERTY, (I) ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, (J) WEBSITE OPERATIONS, (K) TECHNICAL MALFUNCTION, (L) COMPUTER ERROR, (M) CORRUPTION OR LOSS OF INFORMATION, (N) LINK TRACKING FAILURES, (O) OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF HOBIFY LLC, OR (P) ANY OTHER MATTER RELATING TO OUR SERVICES OR THIS AGREEMENT OR ANY ADDITIONAL TERMS OR POLICIES, WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, BREACH OF CONTRACT, PRODUCT LIABILITY, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT. NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF HOBIFY LLC AND ANY OF ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MANAGERS, MEMBERS, DIRECTORS, INFORMATION PROVIDERS, OR LICENSORS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCT OR SERVICE WHICH GAVE RISE TO LIABILITY OR U.S $1, NOT TO EXCEED A MAXIMUM OF U.S. $15000. THE MAXIMUM MONETARY AWARD LIMITATION IS INCLUSIVE OF ALL FEES PAID BY USER. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF HOBIFY LLC'S BUSINESS, AND HOBIFY LLC WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HOBIFY LLC. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING BINDING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

NOTE: These processes are for dispute resolution between you and Hobify LLC. We have a different process that covers the process for dispute resolution between you and other users of the site.

As with any company that provides services to its users, conflict is bound to happen. This is the process that you and Hobify LLC agree to use to resolve those conflicts. We will always attempt to solve the conflict using an informal dispute resolution process. If that process is unsuccessful, only then will we submit to binding arbitration with you to settle the conflict.

Except for any controversy or claim relating to or arising from your indemnity obligations set forth in these Terms, you and Hobify LLC agree that, with respect to any matters, disputes, or claims between you and Hobify LLC arising from or related to this agreement, or the breach thereof, your use of Hobify, our Services, or to any products or services sold by Hobify, you and Hobify LLC shall first negotiate in good faith to informally resolve the problem or dispute. If a settlement is not reached within sixty days of you or Hobify LLC receiving notice from the other party in accordance with the "Electronic Communications/Notices" Section above, any unresolved controversy or claim shall be settled by binding arbitration rather than in court. The Binding Arbitration process will be administered by FairClaims (www.fairclaims.com) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow these Terms as a court would.

You and Hobify LLC consent to electronic service of process, with service to be made to the following email addresses: for service to Hobify LLC, email legal[at]hobify.com. We will direct service to the contact email we have on file at the time of a claim. You and Hobify LLC agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for any attorney, court, or other fees associated with such action.

You and Hobify LLC agree to split all FairClaims fees evenly. You and Hobify LLC shall each pay our own fees, costs, and expenses for attorneys, experts, and witnesses (as applicable). Hobify LLC will reimburse your fees (up to $500 U.S. dollars) to you if we are found by the arbitrator to be liable for the claim. We will only seek our fees from you if the arbitrator determines your claim against us is frivolous.

Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitrator experienced in social media and e-commerce law and shall include a written record of the arbitration hearing.

Except as may be required by law, neither you, Hobify LLC, or any representatives of you or Hobify LLC may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.

The arbitrator shall have no authority to award compensatory, direct, indirect, incidental, special, punitive, exemplary, or consequential damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief. The arbitrator is limited to issuing an award which is limited to the greater of the amount actually paid for the Service which gave rise to the arbitration or $1 U.S. dollar. The maximum award the arbitrator my award is $15,000 U.S. The arbitration will be conducted in English.

You and Hobify LLC agree that they shall have no right to seek production of documents or any other discovery in the arbitration proceedings. In addition, no party to this Agreement is permitted to make any application pursuant to 28 U.S.C. § 1782.

You or Hobify LLC may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Virginia, City of Portsmouth necessary to protect the rights or property of you and us pending the completion of arbitration.

You agree that any arbitration will be conducted only on an individual basis between you and Hobify LLC and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If part of this provision is unenforceable, the remainder remains in effect.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe that any of your copyrights are infringed by our Content, please provide us with a written notice by mail, fax, or email that contains the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on Hobify;
  • Your address, telephone number, and email address;
  • Your statement that you have good belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • Your statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to notices that substantially comply with the above requirements. We will investigate your claim and notify you by the method of contact you used to file your notice with us.

Electronic Fund Transfers (“EFTs”) and Account Balances

By creating a Hobify Account, completing the advanced verification process, and initiating bank deposits or withdrawals (i.e., EFTs), you agree to the Terms of Service and Privacy Policy of our financial software provider, Sila Inc. (together, the “Sila ToS”). You must comply with the Sila ToS when creating or using your Hobify Account. The Sila ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in this paragraph but defined in the Sila ToS assumes the meaning as defined in the Sila ToS. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR HOBIFY ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

Other Terms

  1. These Terms make up the entire agreement between you and Hobify LLC regarding your use of our Services. They supersede any prior agreements.
  2. These Terms will be treated as if it were executed and performed in Portsmouth, Virginia, and shall be governed and construed in accordance with the federal laws of the United States of America and the states laws of the state of Virginia without regard to conflict of law’s provisions. In addition, should the need arise, you agree to submit to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
  3. Some of the Services we make available for your use on Hobify are also governed by supplemental terms. If you use any of those Services, supplemental terms will be made available and will become part of our agreement with you. If you do not accept and agree to being bound by the supplemental terms when they apply to you, do not use the Service which requires you to agree to the supplemental terms. To the extent any supplemental terms conflict or are inconsistent with these Terms, the supplemental terms shall govern to the extent of the conflict.
  4. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches. The rights and remedies of Hobify LLC set-forth in these Terms are cumulative and are in addition to any rights or remedies Hobify LLC may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein. Any amendment to or waiver of these Terms must be made in writing and signed by us.
  5. Should any court or tribunal of competent jurisdiction declare any section, paragraph or provision of these Terms or any of our other terms is determined to be invalid, void, illegal or unenforceable, in whole or in part, by a court or arbitrator, it shall not affect or impair the validity or enforcement of any other provision thereof and the invalid, void, illegal or unenforceable provisions shall be replaced by a provision which, being valid, legal and enforceable, comes closest to the intention of the parties underlying invalid, void, illegal, or unenforceable provision. If no section, paragraph or provision can be replaced, the agreement shall be construed as if such invalid provision was omitted. Regardless, any such declaration shall have no effect on the remaining terms hereof.
  6. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
  7. We may assign these Terms at any time without notice to you. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
  8. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  9. You should know that we may need to change the username for your account in certain circumstances.
  10. We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of Hobify and our Services in any manner consistent with our Data Policy.
  11. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively ‘Submission’) is considered assigned to us and is our property. We will not be required to treat any Submission as confidential, nor be liable for any ideas (including without limitation product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future Services or operations.
  12. Without limitation we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
  13. We reserve all rights not expressly granted to you.
  14. Hobify LLC shall be excused from performance under these Terms, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) financial market disruptions, (4) labor strikes, or (5) other causes beyond the reasonable control of Hobify LLC.
  15. The terms “us”, “we”, and “our” refer to Hobify LLC, the operator of Hobify.
  16. Unless the context otherwise requires “or” shall be read as inclusive and not as exclusive; the provisions hereof apply to successive events and transactions.
  17. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
  18. The Terms herein nor any of our other terms in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Hobify LLC.
  19. The relationship between Hobify LLC and you contemplated herein constitutes a non-exclusive relationship and that Hobify LLC may, in its sole discretion, enter into agreements to provide the same or similar product or services to third parties.
  20. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of Hobify, our content, your content, other user’s content, our Services, and any software provided therein.
  21. We reserve the right to investigate complaints or reported violations of these Terms and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
  22. Unless the context otherwise requires, the words, phrases and expressions used herein or in the recitals or in any document in connection with the transactions contemplated hereby shall have the meanings hereby assigned to them, namely “Agreement”, “hereof”, “hereunder” and similar expressions refer to these Terms and not to any particular article, section, paragraph or other portion hereof and include any agreement or instrument supplemental or ancillary hereto and the expression "Article", "Section" or “Paragraph" followed by a number means and refers to the specified article, section or paragraph of these Terms.
  23. These Terms and all terms associated with Hobify are in English and any and all disputes between the you and us shall be resolved in English. You understand and acknowledge that any foreign language services provided are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand these Terms.
  24. Each party agrees that it will from time to time at the reasonable request of the other party execute and deliver such assignments, instruments and conveyances and take such further action as may be required to accomplish the purposes of these Terms.
  25. If you are accessing Hobify on behalf of a business entity, by doing so, you represent that you have the legal capacity and authority to bind such business entity to this agreement.