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Conditions of Use

cbahobby.com Term Of Use


ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.


USE OF SITE:
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, cbahobby.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by cbahobby.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by cbahobby.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by cbahobby.com in advance. cbahobby.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if cbahobby.com believes that customer conduct violates applicable law or is harmful to cbahobby.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. cbahobby.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and cbahobby.com has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify cbahobby.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide cbahobby.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and cbahobby.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of cbahobby.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant cbahobby.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by cbahobby.com will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead cbahobby.com or third parties as to the origin of any Submissions or Content. cbahobby.com may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Copyright
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of cbahobby.com (collectively, "Content"), belongs exclusively to cbahobby.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by cbahobby.com, without cbahobby.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on cbahobby.com as well as the use of cbahobby.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the Site and for no other purpose. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to cbahobby.com. You may not use cbahobby.com's Content or Compilation in any manner that disparages or discredits cbahobby.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of cbahobby.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by cbahobby.com. Violators will be prosecuted to the full extent of the law.

Intellectual Property Infringement Policy
Copyright

      All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of cbahobby.com (collectively, "Content"), belongs exclusively to cbahobby.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by cbahobby.com, without cbahobby.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on cbahobby.com as well as the use of cbahobby.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the Site and for no other purpose. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to cbahobby.com. You may not use cbahobby.com's Content or Compilation in any manner that disparages or discredits cbahobby.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of cbahobby.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by cbahobby.com. Violators will be prosecuted to the full extent of the law.

Intellectual Property Infringement Policy

      It is the policy of cbahobby.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that cbahobby.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to sales@cbahobby.com

      Information required
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
      2. A description of the allegedly infringing work or material;
      3. A description of where the allegedly infringing material is located on the site (product(s) URL);
      4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
      5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
      6. Identification of the intellectual property rights that you claim are infringed by the Website (e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04", etc); and
      7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, cbahobby.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and cbahobby.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by cbahobby.com on an "as is" basis. cbahobby.com makes no prepresntations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, cbahobby.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. cbahobby.com does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, cbahobby.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, cbahobby.com's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to cbahobby.com during the month immediately preceding the act allegedly giving rise to cbahobby.com's liability.

ORDER ACCEPTENCE
Please note that there may be certain orders that we are unable to accept and must cancel. cbahobby.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

TYPOGRAPHICAL ERRORS
While cbahobby.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. cbahobby.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, cbahobby.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, cbahobby.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

ARBITRATION
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to Hong Kong International Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.

LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that cbahobby.com is not responsible for the operation of or content located on or through any such site.

REMEDIES
You agree that cbahobby.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that cbahobby.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that cbahobby.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of cbahobby.com shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by cbahobby.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.


cbahobby.com Review and Content Submission Agreement

Welcome to cbahobby.com. You must enter into this Agreement if you want to submit digital images or other content to cbahobby.com through the "Write a Review" section (the "Service"). As used in this Agreement, "we", "cbahobby.com", or "cbahobby.com" means cbahobby.com Co. and "you" means the individual or entity submitting materials to cbahobby.com. Any individual or entity that wants to use the Service must accept the terms of this Agreement without change. BY CLICKING THE ACCEPT TERMS AND CONDITIONS BUTTON, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND ALL SPECIFICATIONS AND


GUIDELINES INCORPORATED BY REFERENCE.


1) Eligibility. You may only submit Materials to the Service for which you hold all intellectual property rights; i.e. you must own all rights to such image or have the authorization of the person who does own those rights. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Minors may not submit Materials to the Service. Further, you may not submit any personally identifiable information about any child under the age of 13.

2) Definitions. As used in this Agreement, (a) "Affiliates" means any entity controlled by, in control of, or under common control with cbahobby.com, (b) "Materials" means all content that you submit to cbahobby.com, including all photographs, illustrations, graphics and text, and (c) "Media" means any means of conveying information, whether now known or hereafter devised.

3) License Grant for Materials. You hereby grant to cbahobby.com and its Affiliates a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and Media, (b) modify, adapt, translate and derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

4) Removal of Materials. If you decide you would like to remove your Materials from the Service, you may provide written notice to cbahobby.com by either deleting the image through the cbahobby.com interface or by contacting cbahobby.com customer service (sales@cbahobby.com), and cbahobby.com will remove such Materials from the Service within a reasonable period of time.

5) License for Name, Trademarks and Likenesses. You hereby grant to cbahobby.com, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant cbahobby.com, its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials.

6) Specifications and Guidelines. You agree to submit Materials to us in accordance with all guidelines for use of the Service posted on the cbahobby.com web site or of which you are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future.

7) Representations, Warranties and Indemnities. You represent and warrant to cbahobby.com and its Affiliates that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Paragraphs 3 and 5 above, (b) you will comply fully with all terms of this Agreement, (c) the Materials submitted to cbahobby.com by you, and cbahobby.com's and its Affiliates' exercise of their rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Materials by cbahobby.com and its Affiliates as permitted hereunder, (e) the Materials are not pornographic, obscene, libelous, defamatory, or otherwise unlawful, and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold cbahobby.com and its Affiliates harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph.

8) Restrictions. You agree that you will not submit Materials that are unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable, or that otherwise violate general cbahobby.com corporate standards. We expressly reserve the right to remove or not make available any Materials that we deem to be in violation of this Agreement, applicable laws or our corporate standards in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit Materials to us or our Affiliates that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

9) No Obligation. Although we have the right to include your Materials in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Materials or remove them from our Service at any time.

10) Changes to Agreement. We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Service. However, for all changes to this Agreement, excluding Specifications and Guidelines, we will post a notice of change for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. YOUR CONTINUED USE OF THIS SERVICE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

11) cbahobby.com Intellectual Property. Without our prior written consent, you may not use our intellectual property, including, without limitation, our trademarks, trade names, trade dress, or copyrighted material, in any manner.

12) Communications. cbahobby.com and its Affiliates may communicate with you in connection with the Service, electronically and in other Media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the web sites of cbahobby.com or its Affiliates or by any other means.


13) Waiver. cbahobby.com AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.

14) Disclaimer. cbahobby.com PROVIDES THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND.

15) Miscellaneous. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. The Specifications and Guidelines (including all future changes) are incorporated by reference into this Agreement. This Agreement is in addition to, and does not supersede or modify, the terms and conditions of use of the web sites of cbahobby.com and its Affiliates.

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