1. ACCEPTANCE OF TERMS
The johnnyhobbs.com membership (including all copyrights) is the property of Johnny Hobbs who is providing you (The User) with access to view informational videos and is pursuant to the following Terms of Service (“TOS”), which may be updated from time to time without notice. In addition, both you and johnnyhobbs.com shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. johnnyhobbs.com may also offer other services that are governed by different terms of service.
2. DESCRIPTION OF SERVICE
Johnnyhobbs.com provides users with access to a collection of resources, including various personalized content which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Johnny Hobbs or johnnyhobbs.com to provide this information. You also understand and agree that the Service may include certain communications from johnnyhobbs.com, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the site, including the release of new videos by Johnny Hobbs or johnnyhobbs.com, shall be subject to the TOS. You understand and agree that the site and its content are provided “AS-IS” and that Johnny Hobbs or johnnyhobbs.com 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 site, 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 site.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the sites registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Johnny Hobbs or Johnnyhobbs.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, either Johnny Hobbs or johnnyhobbs.com has the right to suspend or terminate your account and refuse any and all current or future access to this website (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will create a password and account designation upon completing the membership registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify johnnyhobbs.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Johnny Hobbs or johnnyhobbs.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Johnny Hobbs or johnnyhobbs.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through this website. Johnny Hobbs or johnnyhobbs.com does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Johnny Hobbs or johnnyhobbs.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via this Site.
You agree to not use the site to:
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, Johnny Hobbs or any Johnnyhobbs.com employee or affiliate, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
Post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
Post, email, transmit or otherwise make available any material that contains 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;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Interfere with or disrupt the Service or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
“Stalk” or otherwise harass another; and/or
Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that johnnyhobbs.com may or may not pre-screen Content, but that Johnny Hobbs or johnnyhobbs.com and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via this website. Without limiting the foregoing, Johnny Hobbs or johnnyhobbs.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the access of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.
You acknowledge, consent, and agree that johnnyhobbs.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Johnny Hobbs, johnnyhobbs.com and its principals, employees, associates, affiliates, users, and the public.
You understand that the technical processing and transmission of the site, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the website johnnyhobbs.com may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the copyright holder Johnny Hobbs and johnnyhobbs.com who provides access to the content on this site. You may not attempt to override or circumvent any of the usage rules embedded into this site. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials digital or otherwise provided Johnny Hobbs or johnnyhobbs.com, in whole or in part, is strictly prohibited.
By purchasing a subscription to, registering an Account for, or using the Services, you accept these Terms.
By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the section; (Subscription Cancellation).
Account, Password, and Payments
Account. Users who access this site must be of 18 years age or older and or be accompanied by a parent or guardian who can be responsible for setting up a user account and subscription to the site.
Passwords and Account Access. Every Account must have a designated adult user who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree (a) that you will provide complete and accurate registration information about yourself and keep your Account information up-to-date; (b) that you are solely responsible for all activities that occur under your Account; (c) that you will notify us immediately of any unauthorized Account use; (d) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password; and (e) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible User has created an Account, we may seek confirmation of the User’s status or deactivate the Account, without notice to the ineligible User.
Account Fees. We may charge a fee, such as an Account or subscription fee. For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription period, provided that we first notify you by email. All fees are payable in accordance with payment terms in effect at the time you sign up for a subscription, your rights to use the site are limited by the term of the subscription or (12) months and will terminate or renew according to the terms of your arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Failure to pay any fees may result in your inability to access or use the site.
Authorization to Charge for access to the johnnyhobbs.com site. You must either use a credit card or other payment mechanism accepted by us (for example, PayPal and Stripe) (Pay Mechanism) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account. You will also be responsible for charges (including applicable taxes) for any products or services that you order that are offered for sale through the site. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
Subscription Renewal. By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends. For example: If you register February 1, 2019 your subscription will automatically renew on February 1, 2020 and so on. However, when a date does not occur in a month, your Account will renew and be billed on the next business day. You authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the Subscription Cancellation section below. We will charge your credit card (or the other payment method you used) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.
Subscription Cancellation; You may cancel your subscription after 90 days of registration or prior to its renewal date by contacting email@example.com. Please know that we endeavor to have customer requests handled within 24 to 48 hours; however, we cannot guarantee that your cancellation will be registered within that time period. For all Accounts, you will continue to have access to your Account for 90 days after registering at which time your subscription will be cancelled and your access to johnnyhobbs.com will cease. If you activated a paid Account and chose to pay in installments, and then canceled within the first 90 days of use and access to johnnyhobbs.com site and prior to all of the installments having been paid, your account will continue to be accessible until the first 90 days after which your use and access to johnnyhobbs.com will be cancelled and your card will not be charged. After you cancel your Account after the first 90 days, we will not charge you any subscription fees at which time your subscription and access to johnnyhobbs.com deactivated. Please note that we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the site throughout the remainder of the subscription period for which you have already paid.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
With respect to Content you submit or make available for inclusion on publicly-accessible areas of this Site, you grant Johnny Hobbs and johnnyhobbs.com the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
* With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the site. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you, Johnny Hobbs or johnnyhobbs.com removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the johnnyhobbs.com website that are intended by Johnny Hobbs and johnnyhobbs.com to be available to the general public upon completion of membership registration.
You agree to indemnify and hold Johnny Hobbs and johnnyhobbs.com, and any officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through this site, your use of access to this site, your connection to the site, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the site (including your membership ID), use of the site, or access to this site.
11. MODIFICATIONS TO SERVICE
Johnny Hobbs and johnnyhobbs.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that Johnny Hobbs or johnnyhobbs.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or your access to the site for any reason.
You agree that Johnny Hobbs or johnnyhobbs.com may, in its sole discretion and without prior notice, immediately terminate your account, deny access to the site for a variety of reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the site (or any part thereof); (e) unexpected technical or security issues or problems; (f) engagement by you in fraudulent or illegal activities; and/or (g) nonpayment of any fees owed by you in connection with the site. Termination of your account includes (a) removal of access to the site or its content, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the site. Further, you agree that Johnny Hobbs or johnnyhobbs.com shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the site or its content.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that johnnyhobbs.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site if any.
14. JOHNNY HOBBS AND JOHNNYHOBBS.COM PROPRIETARY RIGHTS
You acknowledge and agree that Johnny Hobbs and johnnyhobbs.com and all digital content including text, graphics videos and other material on this site contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and is owned by Johnny Hobbs. Except as otherwise provided or expressly authorized by Johnny Hobbs or johnnyhobbs.com, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any and all information and/or video content, in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR ACCESS TO THIS SITE IS AT YOUR SOLE RISK. ACCESS TO JOHNNYHOBBS.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOHNNY HOBBS AND JOHNNYHOBBS.COM, IT’S OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
Johnnyhobbs.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
17. TRADEMARK INFORMATION
All logos, product, and service names related to these TOS are trademarks of Johnny Hobbs and johnnyhobbs.com. Without Johnny Hobbs prior permission, you agree not to display or use in any manner the Johnny Hobbs or johnnyhobbs.com digital marks
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Both Johnny Hobbs and johnnyhobbs.com respects the intellectual property of others, and we ask our users to do the same. Johnnyhobbs.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If we believe that our work has been copied, transmitted or distributed in a way that constitutes a copyright infringement against Johnny Hobbs or johnnyhobbs.com, or that our intellectual property rights have been otherwise violated your membership and access to the site or any material content will be denied and appropriate legal measure will ensue in order to protect and safeguard the integrity of such content, trademarks or other intellectual property.
19. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you, Johnny Hobbs and or johnnyhobbs.com and governs your access to this site, superseding any prior agreements between you and johnnyhobbs.com with respect to the site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain johnnyhobbs.com products.
Choice of Law and Forum. The TOS and the relationship between you and Johnny Hobbs and or johnnyhobbs.com shall be governed by the laws of the State of Alabama without regard to any principles of conflicts of law. You and Johnny Hobbs agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Montgomery Alabama.
Waiver and Severability of Terms. The failure of johnnyhobbs.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your johnnyhobbs.com account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your access to the site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of these TOS to firstname.lastname@example.org