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| Terms of Service
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1. ACCEPTANCE OF TERMS
Welcome to Genesis Hobbies.
Genesis Hobbies provides its services subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://Genesis-Hobbies.com/Help/License.htm. In addition, when using particular Genesis Hobbies services, you and Genesis Hobbies shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Genesis Hobbies currently provides users with access to a unique collection of experimental radio controlled aircraft and design services for user-customized platforms through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Genesis Hobbies to provide the Service. You also understand and agree that the service may include certain communications from Genesis Hobbies, such as service announcements, administrative messages and the Genesis Hobbies Newsletter, and that these communications are considered part of Genesis Hobbies membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Genesis Hobbies properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Genesis Hobbies assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK.
THE PRODUCT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENESIS HOBBIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. GENESIS HOBBIES MAKES NO WARRANTY THAT
(i) THE PRODUCT WILL MEET YOUR REQUIREMENTS,
(ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE,
(iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENESIS HOBBIES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
c. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENESIS HOBBIES SHALL NOT 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 GENESIS HOBBIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE PRODUCT;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PRODUCTS;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
d. EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. TRADEMARK INFORMATION
Genesis Hobbies, the Genesis Hobbies logo, and service marks, and other Genesis Hobbies logos and product and service names are trademarks of Genesis Hobbies Inc. (the "Genesis Hobbies Marks"). Without Genesis Hobbies's prior permission, you agree not to display or use in any manner, the Genesis Hobbies Marks.
5. COPYRIGHTS and COPYRIGHT AGENTS
Genesis Hobbies respects the intellectual property of others, and we ask our users to do the same. 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 Genesis Hobbies's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; 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; a statement by you, made under penalty of perjury, that the above information in your Notice is accura te and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Genesis Hobbies's Agent for Notice of claims of copyright or other intellectual property infringement can be reached on the following e-mail address:
info@genesis-hobbies.com.
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