HOBBYEARTH - TERMS OF USE

I. Introduction

  1. The present agreement incorporates the Terms of use of HOBBYEARTH website /www.hobbyearth.com/ , altogether with its informational resources and services.
  2. The HOBBYEARTH website is presented and owned by Hobby Foundation (‘Тhe Foundation’), a nonprofit organization registered under BULSTAT 177096459 in accordance with the Bulgarian legislation.
  3. "Altavia Corp." JSC., Republic of Seychelles is a partner in conducting some of the platform’s activities including but not limited to the commercial activities. These terms and conditions constitute a legally binding agreement between you and "Altavia Corp." JSC.
  4. The present agreement regulates the relations between "Altavia Corp." JSC., Republic of Seychelles and every user, registered for the informational resources and services provided by the website.
  5. The present document regulates the relations between "Altavia Corp." JSC., Republic of Seychelles and every user that has not registered himself for the informational resources and services provided by the website, but, however, uses partially, in any access-limited sessions, the services provided by the website.
  6. By using, in any form, the HOBBYEARTH website and/or anyhow accessing it, you agree to these Terms of use and the relevant to it statements.

II. Definitions

For the purposes of the present agreement, incorporating the terms of use or HOBBYEARTH website, the indicated terms have the following meaning:

  1. HOBBYEARTH /www.hobbyearth.com/ - is an internet website - virtual information resources in the Internet, possessed by The Foundation, which give the opportunity for use of different services, subject of the present Terms of use.
  2. Visitor - an internet user or a person who has connected to the HOBBYEARTH website without using its functionality /even in access limited session/;
  3. User - every visitor who uses anyhow the services of HOBBYEARTH website.
  4. Information - facts and other information about users of the website, including the actions and activities the user takes.
  5. Data - content and information that any third parties could retrieve by the HOBBYEARTH website
  6. Post - post on the HOBBYEARTH website regarding the particularities of the website and its sections.
  7. Use - use, copy, perform publicly or in private or display, distribute, modify, translate and create derivative works.
  8. Registered user - every user that has created his own User profile and has registered himself to use the services accessible through the HOBBYEARTH website.
  9. Non-registered user - every user that has not created his own User profile in order to use the services of the HOBBYEARTH website, but, however, use some of the services in access-limited session.
  10. Prohibited actions - actions or inactions, breaking the Internet ethics or harming users, connected to the Internet or associated networks, sending of unasked mail /such as SPAM, FLOODING/, accessing the resources with other peoples' right or passwords, use of specific defects in the systems aiming personal benefits or information acquiring , execution of activities that could be classified as an industrial espionage or sabotage, harming and/or destroying systems or information massive , sending or provoking installation of informational viruses or systems for remote control, confusing the normal work of the rest of the Internet and associate networks users, execution of any kind of activity that could be classified as a crime or administrative violation according to the legislation of the present document.
  11. Information system/a system - each separate electronic device or a combination of such connected devices that with the process of execution of a specific program provides the automatic treatment of data/information
  12. Internet page - compound or composite part of a website
  13. IP address(Internet Protocol address) - unique identification number, associated computer (Device), internet page or resource of any registered user that allows its localization in the global Internet network.
  14. Password - chosen by registered user of HOBBYEARTH website code of letters, numbers and signs that together with the user e-mail address identify the user and serves for accessing the user's profile.
  15. E-mail - An arrangement that the users have with a third company allowing them to send and receive email given by a Registered user with which the user identify himself in HOBBYEARTH website.
  16. User profile - differentiated part of HOBBYEARTH website, containing information of the Registered user, demanded by HOBBYEARTH in the process of registration and saved by HOBBYEARTH. The access to the user's profile is realized by entering the e-mail and Password. The user's profile gives the opportunity to the user to use certain services, to configure use of the services, to make suggestions for implementation of new services, to stop using the Services, to change the Password and other.
  17. Accidental event - unpredicted event at the time of concluding of the present agreement of extraordinary character that makes the opportunity to use the services of the site objectively impossible.
  18. Server - a device or a system of connected devices on which a system software has been installed for execution of problems or/and tasks in relation to archive, work out, accept or give forward information.
  19. Website - a located place in the Internet network accessible through its unique address /URL/ with protocol HTTP, HTTPS or other standard protocol and containing files, programs, text, sound, picture, visualization or other materials and/or resources.
  20. Services - the services provided by and trough the HOBBYEARTH website.
  21. Information resources - system of data and information managed by the functionality of the HOBBYEARTH website.
  22. Services provided by HOBBYEARTH website - combination of all the services, functionality and possibilities for the user of the HOBBYEARTH website.
  23. Access-limited session - Possibility to use the HOBBYEARTH website without passing the necessary procedure of registration in order to obtain a full access to its informational resources. The access limited session give the visitor the possibility to use only certain and limited functions of the website and its informational resources.
  24. Active registered user - a user who has logged in into his HOBBYEARTH user profile at least once in the previous 30 days.

III. Subject

  1. Basic statements

    With the present agreement Alta Via concede to the Users, free of charge or for certain remuneration, the possibility to use the services and the informational resources of the HOBBYEARTH web site /www.hobbyearth.com/ by strictly following the present terms and conditions as well as the additionally pointed-out conditions, according to some or any specific services.

    The services included in the subject of the present agreement are conceded to the users after a registration in the website or in access-limited sessions /use without registration/having in mind the respective regime of usage.

    The services provided by the Alta Via are accessible through any kind of device (including a computer) and appropriate technical equipment for transfer of information in Internet.

    Having in mind that the services and the informational resources provided by HOBBYEARTH website are being constantly developed and modified, as well as their regime of access and use, Alta Via keeps the possibility and full right to change anytime the Terms and conditions for use of the website.

    The HOBBYEARTH website provides a mobile service as well. It gives the user the opportunity to be informed about anything that happens on his account on-line on his mobile device.

  2. Privacy and sharing options

    The personal privacy of the HOBBYEARTH website is very important for Alta Via. For any content that is covered by intellectual rights /like photos, videos or any other IP content/ the user specifically gives Alta Via the following permission, subject to the privacy and application settings:

    1. The user grants Alta Via a non-executive, transferable, sub-licensable, royalty-free, world-wide license to use any IP content that the user posts on or in connection with HOBBYEARTH website.
    2. The user's agreement with HOBBYEARTH website ends when the user deletes his account or IP content.
    3. When the user deletes his account or IP content, the user understands that it is possible the removed content to persist in backup copies for a reasonable period of time /accessible only by the administration of the website, but not by other users/.
  3. Safety

    Alta Via makes its best to keep the HOBBYEARTH website safe, but unfortunately this cannot be guaranteed. That is why Alta Via needs the help of each user of the website to do this, which includes the following commitments:

    1. the user will not send or post unauthorized commercial communications /such as SPAM or FLOOD/ on the website;
    2. the user will not collect other users' information , or otherwise access HOBBYEARTH website, using automated means /such as bots, robots, spiders or scrapers/ without the permission of the administration of the website;
    3. the user will not engage any kind of unlawful marketing on HOBBYEARTH website;
    4. the user will not upload any viruses or malicious software or code on the website;
    5. the user will not obtain other user's login information or access an account belonging to someone else;
    6. the user will not bully, intimidate or harass any other user of the website;
    7. the user will not post on the website any information that is hateful, threatening, pornographic, incites violence, contains nudity or graphic or any kind of violence;
    8. the user will not develop or operate with a third-party application containing alcohol or tobacco or other mature related content /including advertisements/ if the user does not have the appropriate age, restricted by the law.
    9. the user will not use the website for anything unlawful, misleading, malicious or discriminatory.
    10. the user will not do anything that could disable, overburden or impair the proper working of the HOBBYEARTH website;
    11. if any kind of user undertakes to make any kind of publication, offer a contest, giveaway or sweepstakes, he should follow present terms and conditions as well as all applicable laws.
  4. User's registration and account security

    In order to be able to use /some or/ the full amount of services /depending on the specific user account and specific service/s. / provided by the HOBBYEARTH website, each user must pass a simple procedure of registration. The registration finishes with opening a personal user account.

    If the visitor do not pass, or do not choose to, the procedure of registration he could use the website in access limited session.

    After the registration is complete the user obtains an e-mail and a password to access his user account.

    In relation to the process of registration each user has the following obligations:

    1. not to provide any false personal information on HOBBYEARTH website or to create an account for any third person without permission;
    2. not to use his personal account for commercial gain /such as selling posts to an advertiser/;
    3. not to create more than one personal account;
    4. not to use the HOBBYEARTH website if the user is less than 13 years;
    5. not to use the HOBBYEARTH website if the user is convicted sex offender;
    6. to keep the personal information accurate and up-to-date;
    7. in case of transfer of the personal account to ask, in written, for permission from the administration of the website.
  5. Rules and obligations of the parties

    Alta Via' s rights and obligations:

    1. Alta Via has the obligation to do the necessary in order to give the user the possibility to use normally the services provided by the HOBBYEARTH website.
    2. Alta Via do not has nor the obligation nor the possibility to control the way the user/s use the presented services and informational resources, nor to check, follow, archive the information, massages and the other materials that the user loads, posts, uses, spreads or make public, including trough the content of files that has been saved on a server.
    3. Alta Via has the right to delete the user account of a registered user or to deactivate his user name and password, or to delete user's content in the accurate account if the account hasn't been accessed by the user in a period of 180 days after the last usage.
    4. Alta Via has the right to deactivate the user name and the password of any user as well as to delete his entire account if the user breaks any applicable legislation and/or the present terms and conditions.
    5. Alta Via has the right /but not the obligation/ to install on the computer/s of the user COOKIES. The COOKIES could be also installed by third persons with commercial and/or advertizing aim.
    6. Alta Via can post or put on the attention of the user links to other internet pages or websites, commercial banners and other materials with commercial and/or advertising purpose.
    7. Alta Via has the right to send the user unasked commercial massages with purpose to offer information and commercials about its own or third-persons goods or services, to make inquiries and others. By accepting the present Terms and conditions the user agrees to receive unasked commercial massages from Alta Via.
    8. Alta Via doesn't have the obligation to observe the information that is been saved, transferred or accessible by the provided website services, nor to search for facts and circumstances proving the execution of any Prohibited action.
    9. Alta Via keeps its right to terminate the provision of certain services accessible through HOBBYEARTH website after notification in the website and/or in a massage in the user's personal account.
    10. Alta Via has the right /but not the obligation/ to delete any informational resources and materials, published on the website when the same contradict the present terms of use.
    11. Alta Via has the right to /but not the obligation/ without any notification to stop limit the access of the user to his personal account or to delete saved and/or archived on the servers, that administrate the website, files whose content contradicts the present terms and conditions.
    12. Alta Via has the right to remove content that infringes someone's copyright. In these cases the user will be given the possibility to appeal.
    13. In case of multiple /more than twice/ breach of the present terms and conditions Alta Via has the right to terminate and/or remove user's account.

    User's right and obligations:

    1. The user has the right to access online the HOBBYEARTH website and its services by following the present Terms of use and the conditions for the use of each separate service in particularity. The registered user, in order to use the website, has to load his personal user name and password. The non-registered user can use the services of the website and its functionality on an access-limited session.
    2. The registered user has the right to access and correct his Personal settings and data.
    3. The user agrees to follow the present terms of use of the website in relation to the particularities of each provided by the website service.
    4. The user himself provides the necessary technical equipment in order to connect to the website. Alta Via do not wear any responsibility if the user cannot ensure its own access to the website and the transfer of information /hardware, software or internet connection/.
    5. The right of access to the website and its functionality do not include the right to copy, reproduce, to use objects of intellectual rights. The last do not apply for insignificant /by volume or amount or capacity/ information, designed for personal use, in condition that the legal and moral interest of the authors are not been broken or harmed. In spite of the above-mentioned, the user do not have the right to remove the trademarks and identity of the accessible materials /information, data and resources/ however if the ownership is to Alta Via or any third person.
    6. In case of copying or reproduction of information out of the , according to the article above, beyond the admissible, and in any other case of a breach of the right of intellectual property over the resources of Alta Via, the user owes the Alta Via forfeit in amount of 5000 US Dollars. The indicated amount do not limit the Alta Via' s right to claim compensation for higher harms and/or damages above the indicated amount of the forfeit.
    7. In case of a breach of any of the clauses in Article 3. "Safety" above from the side of the user, Alta Via has the right immediately and without any notification to stop the access of the user and any third persons to the mentioned information, materials and resources, as well as the right to claim forfeit for damages and unrealized uses.
    8. The user also has the following obligations:
      • to follow the legislation set bellow;
      • not to harm anybody's good name and not to invoke unlawful actions of any kind, violence, discrimination of any kind, not to brake other peoples' interests of material and non-material aspect, including intellectual rights;
      • to notify immediately the Alta Via for every breach of the present terms of use as well as every violation of the status and appropriate manner of use of the services on website;
      • not to present himself for another person or to mislead third persons about his identity and/or community;
      • not to do and/or execute any Prohibited action;

    Mobile service

    1. The mobile service is been provided for free by the Alta Via. However, the user must be aware that his carrier's or mobile operators's rates and fees /such as text messaging, internet transfer etc. fees/ wil still apply.
    2. The user provides the Alta Via with all the necessary rights to enable other users to synchronize /including with an application/ their contact lists with any basic information and contacts that is visible to them on the website, as well as the user's name and profile picture.

IV. Protecting other peoples' rights:

In the spirit of the present Terms of use and according to the policy of Alta Via, the people' s rights are very important and should be well protected. In this way of thinking each user is also obligated to the following:

  1. not to use the HOBBYEARTH website's trademarks or any confusingly similar marks without Alta Via' s written permission.
  2. not to post anyone's identification documents or sensitive financial information to the website;
  3. not to indicate users or visitors of the website or to send them invitation letters without their consent.
  4. not to post content or take any action on the website in order to violates someone else's Right or otherwise violates the applicable laws.

V. Rules for advertising and other commercial contents served by HOBBYEARTH

As far as it is concerned about execution of advertising activity or publication of any commercial content on the website, please contact us at office@hobbyearth.com

VI. Termination /of the agreement/

If the user violates the letter or the spirit of the present Terms of use, or otherwise create a risk or possible legal exposure for Alta Via, the last has the right to stop providing all or a part of the accessible services of the HOBBYEARTH website to the user.

However, the present agreement terminates by reaching at least one of the following circumstances:

  1. Stop of the activity of Alta Via or stop of the administration of the HOBBYEARTH website;
  2. Bilateral agreement between the parties;
  3. other predicted by the chosen legislation events;
  4. the user has the right, anytime, by his own estimation, to stop using the website and/or to delete his personal account;

Out of the pointed ways for termination of the present agreement, each of the parties can break it by sending at least 2 days notification to the other party, in case of non-execution of the obligation of the present document.

VII. Disputes and legislation

  1. The parties agree that if they will resolve any claim, souse of action or dispute, the user has with Alta Via out of or in relation to the present Terms of use, in the appropriate court of the Republic of Bulgaria.
  2. The parties agree to follow the legislation of the Republic of Bulgaria's law in all legal aspects.
  3. Is any third person rises a claim against Alta Via, related to user's actions, content or information on the website, the user will indemnify and take Ata Via harmless from and against all damages, losses and expenses of any kind /including reasonable legal fees and costs/ related to such a claim.
  4. Although Alta Via tries to keep the HOBBYEARTH website safe and bug-free, the user uses it at his own risk. Alta Via provides its website without any express or implied warranties, including such of merchantability, fitness for a particular purpose, and non-infringement.
  5. Alta Via do not guarantee that the HOBBYEARTH website will be always safe or secure.
  6. Alta Via is not responsible for the actions, content, information or data of any third person and the user has the responsibility and the obligation to release Alta Via, its administrative and governing bodies as well as their members, directors, employees, officers and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the user has against any such third party.
  7. By accepting the present agreement, the user declares that the use of the website and its services and functionality will be on his own risk. The website services are provided on "as is" and "as available".
  8. Alta Via do not takes the responsibility for the content of the transferred and/or extracted information by using the services of the website.
  9. Alta via do not takes responsibility for damages and lost profits arising out of use, access and non-originality of the materials and information posted on the website by its users.
  10. Alta via do not takes responsibility for the content of the information that the users of the HOBBYEARTH website save and/or archive on its servers, as well as the way the users use this information.
  11. Alta via do not takes responsibility for the availability and quality of goods and services presented to the users of the website by posting on it.
  12. Alta via do not takes responsibility for circumstances out of its control - such as "Force mageure", problems of the global network - Internet, unauthorized access to the website or any other.
  13. Alta Via do not warrant that the services of the website will meet the user's requirements; the services will be uninterrupted, timely, secure, or error-free; any information that the user obtains trough the website and the services will be accurate or reliable; the quality of the products, services, information or other material, purchased or obtained by the user, trough website's services will meet his expectations; any information the user provide or collect will not be disclosed to third parties; or any errors in any data or software will be corrected;
  14. Alta Via shall not be liable for damages in any kind /including but not limited to any direct, indirect, incidental, general special, consequential, exemplary, punitive damages/ arising from or related to: the use or inability to use the website's services; the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into trough or from the website's services; disclosure of, unauthorized access to or alteration of user's content; damages, loss or corruption of data or programs, service interruption or procurement of subtitle services; statements, conduct or omissions of any service providers or other third party on Alta Via's services; user's or anyone else's conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communications or meetings with other registered or unregistered users of the website's services or persons introduced to the user by the website's services, whether on-line or off line; or any other matter arising from, relating to or connected with the website's services or the present agreement.
  15. Alta Via will not be liable to the user for any lost profits or other consequential, special, indirect or incidental damaging, arising out of or in connection with this agreement.
  16. However, in any case, if the financial, civil or any other liability of Alta Via, arising out of the present agreement, is been indicted, its the aggregate amount will not exceed the greater than 100 US Dollars, or however has been paid to Alta Via for the last 3 months.
  17. The applicable law may not allow the limitation or execution of the liability or incidental or consequential damages, so the above mentioned limitation or exclusion of liability may not apply to the user. In these cases, the Alta Via's liability will be limited to the fullest extent permitted by the applicable law.
  18. Nevertheless the above-mentioned, the user agrees that The Alta Via has the right to seek and claim compensations in any legal jurisdiction.

VIII. Other regulations

  1. If any portion of the present agreement is found to be unenforceable, the remaining part will remain in full force and effect.
  2. If Alta Via fail to enforce any part of this agreement, it will not be considered as a waiver.
  3. Any amendment to or waiver of this statement must be made in written and signed by Alta Via.
  4. The user shall not transfer his right and obligation under the present agreement to anyone else without Alta Via' s consent.
  5. For all unregulated in the present Terms of use questions, the legislation of the Republic of Bulgaria will be applied.
  6. To register in HOBBYEARTH you have to have a soul, not sold, lent or promised to a devil or similar third party.