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Terms of Use
Mind Like
Water, Inc. ("MLW")
has adopted terms and conditions that govern your use of
HobbyFarmLife.com (a division of MLW), which we own and
operate. These terms and conditions (including all documents
referenced herein) represent the entire understanding between
you and MLW regarding your relationship with MLW, and supersede
any prior statements or representations. By accessing any area
of HobbyFarmLife.com, users ("Users") agree to be legally bound
and to abide by the terms and conditions set forth below.
TRADEMARKS
All trademarks, product names, and company names and logos
appearing on HobbyFarmLife.com are the property of their
respective owners.
COPYRIGHTS
All materials on HobbyFarmLife.com, including text, graphics,
images, logos, illustrations, designs, icons, photographs, video
clips, and audio clips (collectively, the "Content"), are the
property of their respective copyright owners, and are protected
by U.S. and International copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all
Content on HobbyFarmLife.com is the exclusive property of MLW
and is protected by U.S. and International copyright laws. All
software used on HobbyFarmLife.com is the property of MLW or its
software suppliers, and is protected by U.S. and International
copyright laws.
TRADEMARK AND COPYRIGHT COMPLAINTS
MLW respects the intellectual property of others. If you believe
that your work has been copied in any way that constitutes
trademark or copyright infringement, you may (in accordance with
the Digital Millennium Copyright Act) submit a formal Notice of
Trademark or Copyright Infringement to MLW. The notice should
contain the following information:
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An electronic or physical
signature of the person authorized to act on behalf of the owner
of the copyright interest;
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A description of the trademark
or copyrighted work that you claim has been infringed upon;
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A description of where the material that you claim is
infringing is located on HobbyFarmLife.com;
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Your address, telephone number,
and email address;
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A statement by you that you
have a good-faith belief that the disputed use is not authorized
by the trademark or copyright owner, its agent, or the law; and
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A statement by
you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the trademark or
copyright owner or authorized to act on the trademark or
copyright owner's behalf.
Notice of Trademark or Copyright
Infringement can be sent to our Copyright Agent Diane Faile at
the address provided in the paragraph OUR ADDRESS
below.
USE OF
SITE
The Content on HobbyFarmLife.com is intended solely for
personal, noncommercial use by the Users of this website. You
may download or copy the Content and other downloadable
materials displayed on HobbyFarmLife.com for your personal use
only. No right, title or interest in any downloadable materials
is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above),
duplicate, copy, publish, transmit, distribute, display,
perform, modify, create derivative works from, sell or
participate in any sale of, resell, or exploit in any way
(including for any commercial purpose), in whole or in part, any
of the Content on HobbyFarmLife.com, unless expressly permitted
by MLW. The use of the word "Content" in this paragraph does not
include any products and/or services offered for sale by MLW.
USAGE BY
CHILDREN UNDER 13
MLW cannot prohibit minors from visiting HobbyFarmLife.com. MLW
must rely on parents, guardians and those responsible for
supervising children under 13 to decide which materials are
appropriate for such children to view and/or purchase.
MLW requires
that all purchases from HobbyFarmLife.com be made by individuals
13 years of age or older. EACH TIME YOU PURCHASE A PRODUCT ON
HOBBYFARMLIFE.COM, YOU ARE REPRESENTING TO MLW THAT YOU ARE AN
INDIVIDUAL 13 YEARS OF AGE OR OLDER.
PRIVACY
POLICY
In accordance with the terms of MLW's
Privacy Policy, MLW respects the privacy of its Users.
DISCLAIMER
User expressly agrees that use of any of HobbyFarmLife.com is at
User's sole risk. Neither MLW, nor any of its officers,
directors, third-party content providers, merchants, sponsors,
or the like, warrants that HobbyFarmLife.com will be
uninterrupted or error-free; nor does it make any warranty as to
the results that may be obtained from the use of
HobbyFarmLife.com, or as to the accuracy, reliability, or
currency of any information, content, service, or merchandise
provided through HobbyFarmLife.com.
HOBBYFARMLIFE.COM IS PROVIDED BY MLW ON AN
"AS IS" AND "AS
AVAILABLE" BASIS. MLW MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF
HOBBYFARMLIFE.COM OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, MLW DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. MLW WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF HOBBYFARMLIFE.COM, INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. NO ORAL OR WRITTEN ADVICE OR INFORMATION
GIVEN BY MLW OR ITS OFFICERS, DIRECTORS, THIRD-PARTY CONTENT
PROVIDERS, MERCHANTS, SPONSORS, OR THE LIKE SHALL CREATE A
WARRANTY; NOR SHALL USER RELY ON ANY SUCH ADVICE OR
INFORMATION.
Under no
circumstances shall MLW or any other party (including its
officers, directors, third-party content providers, merchants,
sponsors, or the like) involved in creating, producing, or
distributing any aspect of HobbyFarmLife.com be liable for any
direct, indirect, incidental, special, or consequential damages
that result from the use of or inability to use
HobbyFarmLife.com, including but not limited to reliance by a
User on any information obtained from MLW on this website, or
that result from mistakes, omissions, interruptions, deletion of
files or emails, errors, defects, viruses, delays in operation
or transmission, or any failure of performance, whether or not
resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to MLW's records, programs,
or services. User hereby acknowledges that this paragraph shall
apply to all Content, merchandise, and services available
through HobbyFarmLife.com. Because some states do not allow the
exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to the
fullest extent permitted by law.
THIRD-PARTY CONTENT
The opinions, advice, statements, services, offers, or other
information expressed or made available on HobbyFarmLife.com are
solely those of the respective author(s) and do not necessarily
reflect the views of MLW (including its officers and
directors). Neither MLW, nor any of its officers, directors,
third-party content providers, merchants, sponsors, or the like,
guarantees the accuracy, completeness, or usefulness of any
Content, nor its merchantability or fitness for any particular
purpose.
HobbyFarmLife.com contains links to external sites on the
Internet that are owned and operated by third-party vendors and
other third parties. User acknowledge that MLW is not
responsible for the availability of or the content located on or
through any of these sites. Any concerns regarding any such
service or resource, or any link thereto, should be directed to
the particular outside service or resource.
SEVERABILITY
The provisions of these Terms of Use are intended to be
severable. If for any reason any provision of these Terms of Use
shall be held invalid or unenforceable in whole or in part in
any jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the
remaining provisions hereof in any jurisdiction.
APPLICABLE LAW
HobbyFarmLife.com was created and is controlled by MLW in the
State of Kansas. As such, the laws of the State of Kansas will
govern these disclaimers, terms, and conditions, without giving
effect to any principles of conflicts of laws. MLW reserves the
right to make any changes to HobbyFarmLife.com and these
disclaimers, terms, and conditions at any time. User hereby
irrevocably and unconditionally consents to submit to the
exclusive jurisdiction of the courts of the State of Kansas and
of the United States of America located in the State of Kansas
for any litigation arising out of or relating to use of or
purchase made through HobbyFarmLife.com (and agrees not to
commence any litigation relating thereto except in such courts),
waives any objection to the laying of venue of any such
litigation in the Kansas Courts, and agrees not to plead or
claim in any Kansas Court that such litigation brought therein
has been brought in an inconvenient forum.
OUR
ADDRESS
Mind Like Water, Inc.
7419 Metcalf Avenue, # 321
Overland Park, KS 66204
phone: 913-381-4520
fax: 913-381-6081
email:
info@hobbyfarmlife.com
URL:
www.hobbyfarmlife.com
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