Terms of Use


Terms of Use

These terms are effective as of October 1, 2014.

Please read carefully! These Terms of Use set forth important details about your relationship with HobbyWorks.com, including the rights you grant to HobbyWorks.com, restrictions on how you can use this web site, HobbyWorks.com's liability in the event something goes wrong, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This web site or mobile application (the "HobbyWorks Site") is owned and operated by Brey Corp. T/A Hobby Works (R), on behalf of itself and for its subsidiaries and affiliates (collectively, "Hobby Works," "HobbyWorks.com," "We" or "Us"). By accessing, using, registering for, or purchasing merchandise from the HobbyWorks Site, you agree to be bound by these terms of use (the "Terms"). All visitors to and users of any aspects of the HobbyWorks Site (collectively, "Users") are bound by these Terms. HobbyWorks reserves the right to modify the Terms at any time without prior notice to you, and therefore, Hobby Works recommends that you read these Terms carefully each time you use the HobbyWorks Site. By signing in or registering to use the HobbyWorks Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the HobbyWorks Site.

Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with Hobby Works may vary from these Terms. If a Hobby Works affiliate has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the affiliate site's terms shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein, these Terms apply to the entire network of HobbyWorks Sites, and control your use thereof. Except in the event of a conflict, as described in this paragraph, these Terms apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the HobbyWorks Site.

Eligibility

The HobbyWorks Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the HobbyWorks Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the HobbyWorks Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the HobbyWorks Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.

Privacy

Hobby Works believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Changes to the HobbyWorks.com Site

You agree and understand that the HobbyWorks Site, including any and all features available via the HobbyWorks Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the HobbyWorks Site implemented after your initial access to the HobbyWorks Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the HobbyWorks Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the HobbyWorks Site.

Registration

In order to access some features of the HobbyWorks Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the HobbyWorks Site.  If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.

Security

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the HobbyWorks Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the HobbyWorks.com Site/License/Services

Hobby Works grants you a limited license to make personal use of the HobbyWorks Site. This license grant does not include: (a) any resale or commercial use of the HobbyWorks Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the HobbyWorks Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the HobbyWorks Site. Except as noted above, Users of the HobbyWorks Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Hobby Works or any third party.

You may not use, frame or utilize framing techniques to enclose any Hobby Works trademark name, logo, content, or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Hobby Works' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Hobby Works name, trademark, or product name without Hobby Works' express written consent.

Any unauthorized use of the HobbyWorks Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Permitted uses of the HobbyWorks Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the HobbyWorks Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the HobbyWorks Site for personal use, not for resale. You may also invite people you know to join the HobbyWorks Site. You acknowledge and agree that we do not control the User Content posted to the HobbyWorks Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the HobbyWorks Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the HobbyWorks Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of HobbyWorks. You understand that, by using the HobbyWorks Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):

download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the HobbyWorks Site, except and to the extent expressly permitted under these Terms;

  • remove any copyright, trademark or other proprietary rights notice contained in or on the HobbyWorks Site;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the HobbyWorks Site;

  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;

  • reformat or frame any portion of any Web pages that are part of the HobbyWorks Site;

  • create user accounts by automated means or under false or fraudulent pretenses;

  • create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the HobbyWorks Site;

  • submit to the HobbyWorks Site any content that falsely states or implies that such content is sponsored or endorsed by us;

  • transmit or upload to the HobbyWorks Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the HobbyWorks Site, any other Web site, or any computer or other device or system, or the enjoyment of the HobbyWorks Site by any User;

  • use the HobbyWorks Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

  • submit to the HobbyWorks Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the HobbyWorks Site to transfer or store illegal material, including any material deemed threatening or obscene;

  • copy or store any User Content offered on the HobbyWorks Site other than for your personal, non-commercial use;

  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the HobbyWorks Site or the IT infrastructure used to operate and make the HobbyWorks Site available;

  • use the HobbyWorks Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or

  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

User Content Posted on the HobbyWorks.com Site

Subject to the following restrictions, registered Users may post, upload or transmit User Content on the HobbyWorks Site. Without limiting the generality of any other provisions of these Terms, you agree:

You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.

You understand and agree that we do not monitor but reserve the right to review and delete any User Content, including User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.

You are solely responsible for any User Content you post, publish or display on the HobbyWorks Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the HobbyWorks Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.

You will post only User Content you believe in good faith to be true and accurate, and you will not post to the HobbyWorks Site any User Content that is false, inaccurate, misleading or fraudulent.

If you are employed by Hobby Works or if you have received or will receive any compensation or consideration from Hobby Works, including but not limited to product samples, directly or indirectly in exchange for any opinion, endorsement, review or critique that you post, upload or transmit on the HobbyWorks Site, you must clearly and conspicuously disclose the nature of your connection to Hobby Works.

By uploading User Content to the HobbyWorks Site, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant: (i) Hobby Works, its Affiliates, our respective contractors, and our business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You further represent and warrant that you did not work with parties in conjunction with your User Content who are: a) represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to display your User Content in any media form; b) subject to an acting or modeling contract that would make your/their appearance in the User Content a violation of any third-party rights; or c) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent us from being able to use the User Content worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations. You hereby irrevocably waive and assign to us any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the HobbyWorks Site.

You understand that Hobby Works may be working on the same or a similar idea or concept to any ideas, expression of ideas or other materials you submit within your User Content, or that Hobby Works may already know of such an idea or concept from other sources, or that Hobby Works may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action.

In return for your access to and use of the HobbyWorks Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any User Content you submit on the HobbyWorks Site:

To the best of your knowledge, the User Content represents your own original work, you have all necessary rights to disclose the User Content to Hobby Works and in doing so Hobby Works' use of the User Content will not infringe upon any other individual's or entity's rights.

You understand that disclosure of your User Content to Hobby Works does not establish a confidential relationship or obligate Hobby Works to treat the User Content (or any related materials) as secret or confidential.

You understand that Hobby Works has no obligation, either express or implied, to develop or use your User Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of User Content, or other content derived from your User Content. You understand that Hobby Works assumes no obligation with respect to any User Content. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.

If your User Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Hobby Works.

You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and Hobby Works, you hereby irrevocably release and forever discharge Hobby Works and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Hobby Works and its affiliates and subsidiaries or their respecting successors and assigns with respect to the User Content, including without limitation in respect of how Hobby Works, directly or indirectly, uses the User Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.

The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the HobbyWorks Site. You may not post any User Content that:

  • is patently offensive to Users, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • harasses or advocates harassment of another person or User;

  • promotes illegal activities or conduct that is abusive;

  • is threatening, obscene, defamatory or libelous;

  • is pornographic or sexually explicit in nature; or

  • seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Hobby Works retains the right to remove any User Content from its websites that in Hobby Works' sole discretion violates any of the restrictions or guidelines defined in these Terms.

Copyrights

If you believe any User Content or any other aspect of the HobbyWorks Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

  • 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 the HobbyWorks 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 accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the HobbyWorks Site may be reached at the following address:

Hobby Works (R)
ATTN: Copyright Agent
PO Box 1337
Laurel, MD 20725-1337

 

Or by email: info@hobbyworks.com

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Prince George’s County, Maryland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Hobby Works may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Hobby Works' sole discretion.

Ownership

As between you and us, the HobbyWorks Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the HobbyWorks Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the HobbyWorks Site are the proprietary property of Hobby Works or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the HobbyWorks Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the HobbyWorks Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Hobby Works.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE HOBBYWORKS SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE HOBBYWORKS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE HOBBYWORKS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE HOBBYWORKS SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE HOBBYWORKS SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE HOBBYWORKS SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE HOBBYWORKS SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE HOBBYWORKS SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE HOBBYWORKS SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE HOBBYWORKS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability

IN NO EVENT SHALL HOBBY WORKS OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE HOBBYWORKS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE HOBBYWORKS SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, HOBBY WORKS' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE HOBBYWORKS SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE HOBBYWORKS SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold Hobby Works and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the HobbyWorks Site, (ii) your use of the HobbyWorks Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

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