Policies & Privacy

When you vis­it the Web­site, we may col­lect cer­tain non-per­son­al infor­ma­tion such as your Inter­net Pro­to­col (‘IP’) address, oper­at­ing sys­tem, brows­er type, and Inter­net ser­vice provider. This type of infor­ma­tion does not iden­ti­fy you per­son­al­ly. When you reg­is­ter with the Web­site or respond to adver­tise­ments or posts on the Web­site or post con­tents on the Web­site with­out reg­is­ter­ing, we may also col­lect per­son­al infor­ma­tion that you pro­vide such as your name, mail­ing address, email address, con­tact num­ber, your loca­tion and depend­ing on the ser­vice used the finan­cial infor­ma­tion. We col­lect and store your con­tact details, gen­der, age, and/or com­pa­ny name if you choose to reg­is­ter with Creek­side Hob­by Shop. If you pro­vide your phone num­ber, it will be dis­played in your post­ing. Fur­ther, if you have pro­vid­ed your phone num­ber and post­ed an adver­tise­ment using your account, you agree to receive com­mu­ni­ca­tions on the pro­vid­ed phone num­ber from our side which may include but not be lim­it­ed to auto­mat­ed calls or text mes­sages. The com­mu­ni­ca­tion may require you to con­firm and ver­i­fy that your account has been used to post the rel­e­vant adver­tise­ment on the Web­site. In addi­tion to the above, we also col­lect com­put­er sign-on data, sta­tis­tics on page views, traf­fic to and from Creek­side Hob­by Shop and Ad data (all through cook­ies) which you can take steps to dis­able the cook­ies on your brows­er although this is like­ly to affect your abil­i­ty to use the site. We may also col­lect addi­tion­al infor­ma­tion that our users pro­vide, such as new or delet­ed post­ings, new or delet­ed com­ments, key­word search­es, scam reports and new con­tact sell­ers in addi­tion to oth­er infor­ma­tion, includ­ing users IP address and stan­dard web log infor­ma­tion. We may use a third-par­ty cred­it card pro­cess­ing com­pa­ny or oth­er third par­ty com­pa­nies to mon­i­tor site traf­fic, which may, in some instances, store your infor­ma­tion. By using this Web­site or the Ser­vice, you con­sent to col­lec­tion, stor­age, and use of the per­son­al infor­ma­tion you pro­vide for any of the Ser­vices that we offer, and your con­sent to our col­lec­tion of any changes or updates that you may pro­vide to any infor­ma­tion you pro­vide is collected.

2. Cook­ies

We may use cook­ies to man­age our users’ ses­sions and to store pref­er­ences, track­ing infor­ma­tion, and lan­guage selec­tion. Cook­ies may be used whether you reg­is­ter with us or not. ‘Cook­ies’ are small text files trans­ferred by a web serv­er to your hard dri­ve and there­after stored on your com­put­er. The types of infor­ma­tion a cook­ie col­lects include the date and time you vis­it­ed, your brows­ing his­to­ry, your pref­er­ences, and your user­name. In some instances, our third-par­ty ser­vice providers may use cook­ies on the Web­site. We can­not con­trol or access cook­ies used by third- par­ty ser­vice providers. This Pri­va­cy Pol­i­cy cov­ers only Cook­ies used by us, and not any cook­ies used by third par­ties. You have the abil­i­ty to either accept or decline the use of cook­ies on your com­put­er, whether you are reg­is­tered with us or not. Typ­i­cal­ly, you can con­fig­ure your brows­er not to accept cook­ies. How­ev­er, declin­ing the use of cook­ies may lim­it your access to cer­tain fea­tures of the Website.

3.Third Par­ties

We may use third-par­ty ser­vice providers to process pur­chas­es you may make and to mon­i­tor our users’ inter­ests. In addi­tion, the Web­site may occa­sion­al­ly con­tain links to Third-Par­ty Sites. If you click on the links to Third-Par­ty Web­sites, you leave the Web­site. We are not respon­si­ble for the con­tent of these Third-Par­ty Web­sites or for the secu­ri­ty of your per­son­al infor­ma­tion when you use the Third Par­ty Web­sites. These third-par­ty ser­vice providers and Third-Par­ty Sites may have their own pri­va­cy poli­cies gov­ern­ing the stor­age and reten­tion of your per­son­al infor­ma­tion that you may be sub­ject to. They may col­lect infor­ma­tion such as your IP address, brows­er spec­i­fi­ca­tion, or oper­at­ing sys­tem. This Pri­va­cy Pol­i­cy does not gov­ern per­son­al infor­ma­tion pro­vid­ed to, stored on, or used by these third-par­ty providers and Third-Par­ty Sites. We rec­om­mend that when you enter a Third-Par­ty Site, you review the Third Par­ty Site’s pri­va­cy pol­i­cy as it relates to safe­guard­ing your per­son­al infor­ma­tion. We use third-par­ty adver­tis­ing com­pa­nies to serve ads when you vis­it the Web­site. These com­pa­nies may use infor­ma­tion about your vis­its to the Web­site and Third-Par­ty Web­sites in order to pro­vide adver­tise­ments about goods and ser­vices of inter­est to you. On the Web­site, Google, as a third-par­ty ven­dor, uses Cook­ies to serve ads. By pub­lish­ing an ad on the Web­site, you acknowl­edge and agree that the Con­tent is pub­lic and acces­si­ble by any third par­ty and that they may appear in search engine results (such as Google, Yahoo and oth­er search engines) and in the cache of those search engines, in feeds and Third-Par­ty Web­sites pur­suant to co-brand­ing agree­ments, and that it is the sole respon­si­bil­i­ty of each of those search engines, Third-Par­ty Web­sites or RSS web feed resources to update and/or to remove Con­tent from their index­es and their cache. You agree and acknowl­edge that Creek­side Hob­by Shop is not be liable for the infor­ma­tion pub­lished in search results or by any Third-Par­ty Web­site that car­ries Creek­side Hob­by Shop postings.

4. How Your Infor­ma­tion is Used

We may use infor­ma­tion pro­vid­ed by you to: (i) enforce our Terms of Use, mon­i­tor user activ­i­ty, such as key­word search­es or new post­ings, and more effec­tive­ly man­age traf­fic on the Web­site; (ii) pro­vide cus­tomer ser­vices, cre­ate and man­age user accounts; and (iii) assist you with tech­ni­cal dif­fi­cul­ties (iv) resolve dis­putes, col­lect fees, and trou­bleshoot prob­lems (v) encour­age safe trad­ing (vi) cus­tomize users’ expe­ri­ence, mea­sure inter­est in our ser­vices, and inform users about ser­vices and updates (vii) com­mu­ni­cate mar­ket­ing and pro­mo­tion­al offers (viii) Do oth­er things for users as described when we col­lect the infor­ma­tion (ix) for such oth­er pur­pose as Creek­side Hob­by Shop may deem fit and nec­es­sary in the inter­est of the users and web­site; . Also, we may share with third-par­ty ser­vice providers cer­tain infor­ma­tion, such as your brows­er capa­bil­i­ties or oper­at­ing sys­tem, that we have col­lect­ed in order to bet­ter under­stand which adver­tise­ments and ser­vices may inter­est you. We may block users locat­ed in cer­tain coun­tries from using the Web­site. We may retain such infor­ma­tion for as long as is required to ful­fil our busi­ness objec­tive, even after your account is terminated.

5. Pro­tect­ing Your Per­son­al Information

You are a val­ued cus­tomer, and we rec­og­nize that pro­tect­ing your pri­va­cy is impor­tant to you. For this rea­son, we are com­mit­ted to pro­tect­ing the per­son­al infor­ma­tion you pro­vide in a vari­ety of ways. We do not direct­ly process any pay­ments and do not store your cred­it card infor­ma­tion. Your Reg­is­tra­tion Infor­ma­tion may be pro­tect­ed by a unique cus­tomer pass­word and user ID. You should not dis­close your pass­word infor­ma­tion to any­one and you should always remem­ber to log off if using a shared com­put­er. Last­ly, you may uti­lize the Web­site as an anony­mous user by not reg­is­ter­ing. We have tak­en cer­tain secu­ri­ty pro­tec­tions in safe­guard­ing your per­son­al infor­ma­tion. How­ev­er, as with most elec­tron­ic trans­ac­tions, no method is 100% safe. While we strive to use a com­mer­cial­ly accept­able means to pro­tect the per­son­al infor­ma­tion you pro­vide, we can­not guar­an­tee its secu­ri­ty. There­fore, you acknowl­edge and agree that we assume no lia­bil­i­ty regard­ing the theft, loss, alter­ation or mis­use of per­son­al or oth­er infor­ma­tion or Con­tent, includ­ing, with­out lim­i­ta­tion, such infor­ma­tion that has been pro­vid­ed to third par­ties or oth­er users, or with regards to the fail­ure of a third par­ty to abide by the agree­ment between us and such third par­ty. You may par­tic­i­pate in our Forum or uti­lize our Com­ments fea­ture. For post­ings to the Forum, your user­name will be post­ed. For post­ings using the Com­ments fea­ture, your name and email will only be post­ed if you pro­vide it in the com­ment. We strong­ly dis­cour­age post­ing any infor­ma­tion on these fea­tures or in any Con­tent post­ed by you that you do not want oth­ers to see. You agree that you are respon­si­ble for main­tain­ing the con­fi­den­tial­i­ty of your user­name and pass­word, and all uses of your account, whether or not you have autho­rized for such use.

6. Access­ing and Mod­i­fy­ing Per­son­al Infor­ma­tion and Com­mu­ni­ca­tion Preferences

You may access, remove, review, and/or make changes to per­son­al infor­ma­tion that you have pro­vid­ed to us. We delete per­son­al infor­ma­tion when we no longer need it for the pur­pos­es of the Web­site and retain per­son­al infor­ma­tion as per­mit­ted by law to pre­vent and resolve dis­putes, enforce our poli­cies. If you reg­is­ter or respond to adver­tise­ments or posts on the Web­site or post any con­tent on the Web­site, we may send you cer­tain noti­fi­ca­tions, adver­tise­ments, pro­mo­tions, sur­veys and spe­cials. We may also send you any legal­ly required noti­fi­ca­tions and cer­tain noti­fi­ca­tions, includ­ing but not lim­it­ed to, ser­vice relat­ed notices or notices regard­ing a change to any of our poli­cies etc. In order to opt-out of receiv­ing these notices, you may need to deac­ti­vate your account. You can opt out of cer­tain e‑mail com­mu­ni­ca­tions from us, includ­ing our newslet­ters, noti­fi­ca­tions that a user has com­ment­ed on your post­ing, and noti­fi­ca­tions that you can refresh your post­ing. We will not change your pref­er­ences with­out your con­sent. You can­not opt out of receiv­ing trans­ac­tion­al com­mu­ni­ca­tions from Creek­side Hob­by Shop relat­ed to your account.

7. Dis­clo­sures

On rare occa­sions, we may be required to dis­close your per­son­al infor­ma­tion due to legal or reg­u­la­to­ry require­ments. In such instances, we reserve the right to dis­close your per­son­al infor­ma­tion as required in order to com­ply with our legal oblig­a­tions, includ­ing but not lim­it­ed to com­ply­ing with court orders, war­rants, ser­vice of process require­ments, or dis­clo­sure requests. We may also dis­close infor­ma­tion about our users to law enforce­ment offi­cers or oth­ers, in the good faith belief that such dis­clo­sure is rea­son­ably nec­es­sary to enforce these Terms and/or Pri­va­cy Pol­i­cy; respond to claims that any Con­tent vio­lates the rights of third-par­ties; or pro­tect the rights, prop­er­ty, or per­son­al safe­ty of Creek­side Hob­by Shop, our users or the gen­er­al pub­lic. You agree and acknowl­edge that we may not inform you pri­or to or after the dis­clo­sures. We may share the per­son­al infor­ma­tion with our affil­i­ates who help detect or pre­vent poten­tial­ly ille­gal acts and pro­vide joint ser­vices (Our affil­i­ates will mar­ket only to users who ask them to), Ser­vice providers who help with our busi­ness oper­a­tions and third par­ty ven­dors, includ­ing Google, use cook­ies to serve ads based on a user’s pri­or vis­its to the web­site. Google’s use of the Dou­bleClick cook­ie enables it and its part­ners to serve ads to users based on their vis­it to web­sites on the Inter­net. Users may opt out of the use of the Dou­bleClick cook­ie for inter­est-based adver­tis­ing by vis­it­ing Ads Set­tings. If we or our affil­i­ates are involved in a merg­er or acqui­si­tion, we may share per­son­al infor­ma­tion with anoth­er per­son, but this pol­i­cy will con­tin­ue to apply. If sub­stan­tial­ly all of our assets are sold or merged into anoth­er com­pa­ny, we will noti­fy you of the trans­ac­tion. The acquir­ing com­pa­ny shall be giv­en access to your per­son­al infor­ma­tion with­out your con­sent. If we sell only a part of our busi­ness, the acquir­ing enti­ty shall have access to your per­son­al infor­ma­tion with­out your con­sent and we may send you a notice regard­ing this sale.

8. Using Infor­ma­tion from Creek­side Hob­by Shop

You may use per­son­al infor­ma­tion gath­ered from Creek­side Hob­by Shop only to fol­low up with anoth­er user about a spe­cif­ic post­ing, not to send spam/ phis­ing or col­lect per­son­al infor­ma­tion from some­one who hasn’t agreed to that.

9. Data Security

We may use a num­ber of mech­a­nisms (encryp­tion, pass­words, and phys­i­cal secu­ri­ty) to pro­tect the secu­ri­ty and integri­ty of your per­son­al infor­ma­tion against unau­tho­rized access and dis­clo­sure. Unfor­tu­nate­ly, no data trans­mis­sion over the inter­net can be guar­an­teed to be com­plete­ly secure. So while we strive to pro­tect such infor­ma­tion, we can­not ensure or war­rant the secu­ri­ty of any infor­ma­tion you trans­mit to us and you do so at your own risk. Once any per­son­al infor­ma­tion comes into our pos­ses­sion, we will take rea­son­able steps to pro­tect that infor­ma­tion from mis­use and loss and from unau­tho­rised access, mod­i­fi­ca­tion or disclosure.

10. Con­fi­den­tial­i­ty of Information

Users who use any of the fea­tures on Creek­side Hob­by Shop agree and accept that they have been ful­ly informed by Creek­side Hob­by Shop that the use of fea­tures may lead to pub­li­ca­tion, to all users of Creek­side Hob­by Shop, of any per­son­al infor­ma­tion post­ed by them while using any spe­cif­ic fea­ture on Creek­side Hob­by Shop. Users fur­ther agree that the authen­tic­i­ty of, and con­se­quences from the post­ing by users of any per­son­al infor­ma­tion of them­selves or any oth­er per­son, are the sole respon­si­bil­i­ty of the user. Users fur­ther agree and accept that the terms of the Pri­va­cy Pol­i­cy will be applic­a­ble to the use of all fea­tures, exist­ing and new. The Users agree and accept that con­fi­den­tial­i­ty of infor­ma­tion post­ed on such fea­tures has been waived by the Users.

11. Noti­fi­ca­tion of Changes

We reserve the right to change these Terms from time to time, and at our sole dis­cre­tion. We may send you a notice regard­ing mate­r­i­al changes to these Terms, includ­ing the Pri­va­cy Pol­i­cy or the Web­site. You should make note of the ‘last updat­ed date’ at the begin­ning of the Terms. With this infor­ma­tion, you should be able to iden­ti­fy if the Terms have been updat­ed recently.

12. Dis­putes

Any dis­putes regard­ing your pri­va­cy are sub­ject to the Terms and con­di­tions of Creek­side Hob­by Shop, includ­ing but not lim­it­ed to any pro­vi­sions relat­ed to indem­ni­fi­ca­tion and lim­i­ta­tions on damages.

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TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU SHALL NOT USE THIS WEBSITE.

1. ACCEPTANCE

a. Creek­side Hob­by Shop pro­vide a col­lec­tion of online resources which includes gen­er­al infor­ma­tion about the Creek­side Hob­by Shop, good and ser­vices pro­vid­ed by it (col­lec­tive­ly, referred to it as ‘Ser­vice’) on the offi­cial web­site of Creek­side Hob­by Shop (referred to as ‘Web­site’) sub­ject to these Terms of Use (these ‘Terms’). For the pur­pose of the Terms and wher­ev­er the con­text so require, the terms ‘You’ or ‘you’ shall mean any per­son who uses the Web­sites or the Ser­vices in any man­ner what­so­ev­er includ­ing per­sons brows­ing the Web­sites and its con­tent, post­ing com­ments or any con­tent or respond­ing to any Hob­by Projects or con­tent on the Web­sites. By using the Ser­vice, you agree to com­ply with these Terms. Addi­tion­al­ly, when using a por­tion of the Ser­vice, you agree to con­form to any applic­a­ble post­ed guide­lines for such Ser­vice, which may be change from time to time.

b. You under­stand and agree that you are sole­ly respon­si­ble for review­ing these Terms from time to time. Should you object to any term or con­di­tion of these Terms, any guide­line, or any sub­se­quent changes there­to or become unhap­py with Creek­side Hob­by Shop in any way, your only choice is to imme­di­ate­ly dis­con­tin­ue use of the web­site. These Terms may be updat­ed by Creek­side Hob­by Shop at any time at its sole discretion.
Creek­side Hob­by Shop may pro­vide a trans­la­tion of the Eng­lish ver­sion of the Terms into oth­er lan­guages. You under­stand and agree that any trans­la­tion of the Terms into oth­er lan­guages is for your con­ve­nience only and that the Eng­lish ver­sion gov­erns the terms of your rela­tion­ship with the Web­site. Fur­ther­more, in case of any incon­sis­ten­cies between the Eng­lish ver­sion of the Terms and any trans­la­tion, the Eng­lish ver­sion of the Terms shall pre­vail. You under­stand and agree that to the extent you are locat­ed in the ter­ri­to­ry of India, you will uti­lize the Service(s) in com­pli­ance with any laws, reg­u­la­tions, and guide­lines that may be under the juris­dic­tion of the Office of con­cerned depart­ments of the made by the State and the Cen­tral Gov­ern­ment from time to time.

2. DESCRIPTION OF SERVICE AND CONTENT POLICY

a. We act as a Project Design­er to allow our users who com­ply with these Terms to offer, pro­vide and receive infor­ma­tion, goods and/or ser­vices using the Web­site. Although you may be able to con­duct pay­ment and oth­er trans­ac­tions through the Web­site, using third-par­ty ven­dors such as Pay­Pal, inter­net bank­ing, credit/debit cards and such oth­er modes,Creekside Hob­by Shopis not in any way involved in such trans­ac­tions. As a result, and as dis­cussed in more detail in these Terms, you here­by acknowl­edge and agree that Creek­side Hob­by Shop is not a par­ty to such trans­ac­tions, has no con­trol over any ele­ment of such trans­ac­tions, and shall have no lia­bil­i­ty to any par­ty in con­nec­tion with such trans­ac­tions. You use the Ser­vice and the Web­site at your own risk.

b. You under­stand that Creek­side Hob­by Shop does not con­trol, and is not respon­si­ble for ads, direc­to­ry infor­ma­tion, busi­ness listings/information, mes­sages between users, includ­ing with­out lim­i­ta­tion e‑mails or oth­er means of elec­tron­ic com­mu­ni­ca­tion, whether through the Web­site or anoth­er Third Par­ty Web­site or offer­ings, com­ments, user post­ings, files, images, pho­tos, video, sounds, busi­ness listings/information and direc­to­ry infor­ma­tion or any oth­er mate­r­i­al made avail­able through the Web­site and the Ser­vice (‘Con­tent’), and that by using the Web­site and the Ser­vice, you may be exposed to Con­tent that is inac­cu­rate, mis­lead­ing, or oth­er­wise objec­tion­able. You acknowl­edge and agree that you are respon­si­ble for and must eval­u­ate, and bear all risks asso­ci­at­ed with, the use of any Con­tent, that you may not rely on said Con­tent, and that under no cir­cum­stances will Creek­side Hob­by Shop be liable in any way for the Con­tent or for any loss or dam­age of any kind incurred as a result of the brows­ing, using or read­ing any Con­tent list­ed, e‑mailed or oth­er­wise made avail­able via the Ser­vices. You acknowl­edge and agree that Creek­side Hob­by Shop has the right, in its sole and absolute dis­cre­tion, to refuse, delete or move any Con­tent that is or may be avail­able through the Ser­vice, for vio­lat­ing these Terms and such vio­la­tion being brought to Creek­side Hob­by Shop knowl­edge or for any oth­er rea­son or no rea­son at all. Fur­ther­more, the Web­site and Con­tent avail­able through the Web­site may con­tain links to oth­er third par­ty web­sites (‘Third Par­ty Web­sites’), which are com­plete­ly unre­lat­ed to Creek­side Hob­by Shop. If you link to Third Par­ty Web­sites, you may be sub­ject to those Third Par­ty Web­sites’ terms and con­di­tions and oth­er poli­cies. Creek­side Hob­by Shop makes no rep­re­sen­ta­tion or guar­an­tee as to the accu­ra­cy or authen­tic­i­ty of the infor­ma­tion con­tained in any such Third Par­ty Web­site, and your link­ing to any oth­er web­sites is com­plete­ly at your own risk and Creek­side Hob­by Shop dis­claims all lia­bil­i­ty thereto.

c. You acknowl­edge and agree that you are sole­ly respon­si­ble for your own Con­tent post­ed on, trans­mit­ted through, or linked from the Ser­vice and the con­se­quences of post­ing, trans­mit­ting, link­ing or pub­lish­ing it. More specif­i­cal­ly, you are sole­ly respon­si­ble for all Con­tent that you upload, email or oth­er­wise make avail­able via the Ser­vice. In con­nec­tion with such Con­tent post­ed on, trans­mit­ted through, or linked from the Ser­vice by you, you affirm, acknowl­edge, rep­re­sent, and war­rant that:

i. you own or have the nec­es­sary licens­es, rights, con­sents, and per­mis­sions to use such Con­tent on the Ser­vice and Web­site (includ­ing with­out lim­i­ta­tion all patent, trade­mark, trade secret, copy­right or oth­er pro­pri­etary rights in and to any and all such Con­tent) and autho­rize Creek­side Hob­by Shop to use such Con­tent to enable inclu­sion and use of the Con­tent in the man­ner con­tem­plat­ed by the Ser­vice, the Web­site and these Terms; and

ii. you have the writ­ten con­sent, release, and/or per­mis­sion of each and every iden­ti­fi­able indi­vid­ual per­son or busi­ness in the Con­tent to use the name or like­ness of each and every such iden­ti­fi­able indi­vid­ual per­son or busi­ness to enable inclu­sion and use of the Con­tent in the man­ner con­tem­plat­ed by the Ser­vice, the Web­site and these Terms. For clar­i­ty, you retain all of your own­er­ship rights in your Con­tent; how­ev­er, by sub­mit­ting the Con­tent to Creek­side Hob­by Shop, you here­by grant Creek­side Hob­by Shop an irrev­o­ca­ble, non-can­cellable, per­pet­u­al, world­wide, non-exclu­sive, roy­al­ty-free, sub-licens­able, trans­fer­able license to use, repro­duce, dis­trib­ute, pre­pare deriv­a­tive works of, dis­play, and per­form the Con­tent in con­nec­tion with the Web­site and Creek­side Hob­by Shop (and its suc­ces­sors’) busi­ness, includ­ing with­out lim­i­ta­tion for the pur­pose of pro­mot­ing and redis­trib­ut­ing part or all of the Web­site and Con­tent there­in (and deriv­a­tive works there­of) in any media for­mats and through any media chan­nels now or here­after known. These rights are required by Creek­side Hob­by Shop in order to host and dis­play your Con­tent. Fur­ther­more, by post­ing Con­tent to any pub­lic area of the Ser­vice, you agree to and do here­by grant to Creek­side Hob­by Shopall rights nec­es­sary to pro­hib­it or allow any sub­se­quent aggre­ga­tion, dis­play, copy­ing, dupli­ca­tion, repro­duc­tion, or exploita­tion of the Con­tent on the Ser­vice or Web­site by any par­ty for any pur­pose. You also here­by grant each user of the Web­site a non-exclu­sive license to access your Con­tent through the Web­site. The fore­go­ing license to each user grant­ed by you ter­mi­nates once you remove or delete such Con­tent from the Website.

d. Creek­side Hob­by Shop does not endorse any Con­tent or any opin­ion, state­ment, rec­om­men­da­tion, or advice expressed there­in, and Creek­side Hob­by Shop express­ly dis­claims any and all lia­bil­i­ty in con­nec­tion with user Con­tent. Creek­side Hob­by Shop does not per­mit copy­right infring­ing activ­i­ties and infringe­ment of intel­lec­tu­al prop­er­ty rights on the Web­site, and Creek­side Hob­by Shop may, at its sole dis­cre­tion, remove any infring­ing Con­tent if prop­er­ly noti­fied that such Con­tent infringes anoth­er person’s intel­lec­tu­al prop­er­ty rights. Creek­side Hob­by Shop reserves the right to remove any Con­tent with­out pri­or notice. Creek­side Hob­by Shop may also ter­mi­nate a user’s access to the Web­site, if they are deter­mined to be a repeat­ed infringer. A repeat­ed infringer is a user who has been noti­fied of infring­ing activ­i­ty more than twice and/or has had a user sub­mis­sion removed from the Web­site more than twice. Fur­ther, at its sole dis­cre­tion, Creek­side Hob­by Shop reserves the right to decide whether any Con­tent is appro­pri­ate and com­plies with these Terms for vio­la­tions oth­er than copy­right infringe­ment and vio­la­tions of intel­lec­tu­al prop­er­ty law, such as, but not lim­it­ed to, pornog­ra­phy, obscene, libel­lous, or defam­a­to­ry mate­r­i­al, or exces­sive length. Creek­side Hob­by Shop may remove such Con­tent and/or ter­mi­nate a user’s access for upload­ing such mate­r­i­al in vio­la­tion of these Terms at any time, with­out pri­or notice and at its sole discretion.

e. Creek­side Hob­by Shop may pro­vide a video ser­vice to you if you upload pho­tographs for your ad. By upload­ing your pho­tographs, you irrev­o­ca­bly con­sent to the use of your pho­tographs for this ser­vice and rep­re­sent and war­rant that you have all right, title and inter­est nec­es­sary to upload and use the pho­tographs on this ser­vice. Under this ser­vice, using a third par­ty appli­ca­tion or ser­vice, Creek­side Hob­by Shop may, at its dis­cre­tion, cre­ate a video of your pho­tographs, upload the video via www.youtube.com or anoth­er third par­ty ser­vice provider, as deter­mined by Creek­side Hob­by Shop at its dis­cre­tion, and embed the video into your ad on Creek­side Hob­by Shop.

3. CONDUCT

a. You agree not to post, email, host, dis­play, upload, mod­i­fy, pub­lish, trans­mit, update or share any infor­ma­tion on the Site, or oth­er­wise make avail­able Content:

i. that vio­lates any law;

ii. That is copy­right­ed or patent­ed, pro­tect­ed by trade secret or trade­mark, or oth­er­wise sub­ject to third par­ty pro­pri­etary rights, includ­ing pri­va­cy and pub­lic­i­ty rights, unless you are the own­er of such rights or have per­mis­sion or a license from their right­ful own­er to post the mate­r­i­al and to grant Creek­side Hob­by Shop all of the license rights grant­ed herein;

iii. That infringes any of the fore­go­ing intel­lec­tu­al prop­er­ty rights of any par­ty, or any Con­tent that you do not have a right to make avail­able under any law or under con­trac­tu­al or fidu­cia­ry relationships;

iv. That vio­lates the any law in force, as amend­ed from time to time, includ­ing its imple­ment­ing reg­u­la­tions and any Order relat­ed there­to, by stat­ing, in any notice or adver­tise­ments for the sale or rental of any dwelling not exclud­ed by such Act, a dis­crim­i­na­to­ry pref­er­ence based on race, colour, sex, dis­abil­i­ty, age, nation­al ori­gin, reli­gion, (or vio­lates any applic­a­ble cen­tral, state or local law pro­hibit­ing dis­crim­i­na­tion on the basis of afore­men­tioned char­ac­ter­is­tics or any oth­er characteristics);

v. That is harm­ful, abu­sive, unlaw­ful, threat­en­ing, harass­ing, blas­phe­mous, defam­a­to­ry, obscene, porno­graph­ic, pae­dophilic, libel­lous, inva­sive of anoth­er person’s pri­va­cy or oth­er rights, hate­ful, or racial­ly, eth­ni­cal­ly objec­tion­able, dis­parag­ing, relat­ing or encour­ag­ing mon­ey laun­der­ing or gam­bling or harms or could harm any per­son in any way or oth­er­wise unlaw­ful in any man­ner whatsoever;

vi. That vio­lates any Cen­tral, state, or local equal employ­ment laws, includ­ing but not lim­it­ed to those pro­hibit­ing the stat­ing, in any adver­tise­ment for employ­ment, any pref­er­ence or require­ment based on race, colour, reli­gion, sex, nation­al ori­gin, age, or dis­abil­i­ty of the applicant.

vii. That threat­ens the uni­ty, integri­ty, defence, secu­ri­ty or sov­er­eign­ty of India, friend­ly rela­tions with for­eign states, or pub­lic order or caus­es incite­ment to the com­mis­sion of any cog­nis­able offence or pre­vents inves­ti­ga­tion of any offence or is insult­ing any oth­er nation;

viii. That includes per­son­al or iden­ti­fy­ing infor­ma­tion about anoth­er per­son with­out that person’s explic­it consent;

ix. That imper­son­ates any per­son, includ­ing, but not lim­it­ed to, any Creek­side Hob­by Shop employ­ee, or false­ly states or oth­er­wise mis­rep­re­sents an affil­i­a­tion with any person;

x. That deceives or mis­leads the addressee about the ori­gin of such mes­sages or com­mu­ni­cates any infor­ma­tion which is gross­ly offen­sive or men­ac­ing in nature;

xi. That is false, decep­tive, mis­lead­ing, deceit­ful infor­ma­tive or mis­rep­re­sen­ta­tion, or con­sti­tutes ‘bait and switch’ offer;

xii. That con­sti­tutes or con­tains ‘pyra­mid schemes’, ‘affil­i­ate marketing’,’link refer­ral code’,’junk mail’,’spam’,’chain let­ters’, or unso­licit­ed adver­tise­ments of a com­mer­cial nature;

xiii. That con­sti­tutes or con­tains any form of adver­tis­ing or solic­i­ta­tion if

I. post­ed in areas or cat­e­gories of the Web­site which are not des­ig­nat­ed for such pur­pos­es; or

II. e‑mailed to Creek­side Hob­by Shop users who have request­ed not to be con­tact­ed about oth­er ser­vices, prod­ucts or com­mer­cial interests;

xiv. That includes links to com­mer­cial ser­vices or Third Par­ty Web­sites, except as specif­i­cal­ly allowed by Creek­side Hob­by Shop;

xv. That adver­tis­es any ille­gal ser­vices or the sale of any items the sale of which is pro­hib­it­ed or restrict­ed by applic­a­ble law, includ­ing with­out lim­i­ta­tion items the sale of which is pro­hib­it­ed or reg­u­lat­ed by Cen­tral, State and Local laws;

xvi. 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 or any oth­er com­put­er resource;

xvii. That dis­rupts the nor­mal flow of dia­logue with an exces­sive num­ber of mes­sages to the Ser­vice, or that oth­er­wise neg­a­tive­ly affects oth­er users’ abil­i­ty to use the Ser­vice; or

xvi­ii. That employs mis­lead­ing email address­es, or forged head­ers or oth­er­wise manip­u­lat­ed iden­ti­fiers in order to dis­guise the ori­gin of Con­tent trans­mit­ted through the Service.

b. Addi­tion­al­ly, you agree not to:

i. Con­tact any­one who has asked not to be con­tact­ed, or make unso­licit­ed con­tact with any­one for any com­mer­cial pur­pose; or to ‘stalk’ or oth­er­wise harass anyone;

ii. Make any libel­lous or defam­a­to­ry com­ments or post­ings to or against anyone;

iii. Col­lect per­son­al data about oth­er users or enti­ties for com­mer­cial or unlaw­ful purposes;

iv. Use auto­mat­ed means, includ­ing spi­ders, robots, crawlers, data min­ing tools, or the like to down­load or scrape data from the Ser­vice, except for inter­net search engines (e.g,. Google) and non-com­mer­cial pub­lic archives that com­ply with our files;

v. Post Con­tent that is out­side the local area or not rel­e­vant to the local area or repeat­ed­ly post the same or sim­i­lar Con­tent, or oth­er­wise impose unrea­son­able or dis­pro­por­tion­ate­ly large loads on our servers and oth­er infrastructure.

vi. Post the same item or ser­vice in mul­ti­ple clas­si­fied cat­e­gories or forums, or in mul­ti­ple met­ro­pol­i­tan areas;

vii. Attempt to gain unau­tho­rized access to com­put­er sys­tems owned or con­trolled by Creek­side Hob­by Shop or engage in any activ­i­ty that dis­rupts, dimin­ish­es the qual­i­ty of, inter­feres with the per­for­mance of, or impairs the func­tion­al­i­ty of, the Ser­vice or the Website.

viii. Use any form of auto­mat­ed device or com­put­er pro­gram that enables the use of Creek­side Hob­by Shop ‘flag­ging sys­tem’ or oth­er com­mu­ni­ty con­trol sys­tems with­out each flag being man­u­al­ly entered by a human that ini­ti­ates the flag (an ‘auto­mat­ed flag­ging device’), or use any such flag­ging tool to remove posts of com­peti­tors, oth­er third par­ties or to remove posts with­out a rea­son­able good faith belief that the post being flagged vio­lates these Terms or any applic­a­ble law or regulation.

ix. Use any auto­mat­ed device or soft­ware that enables the sub­mis­sion of auto­mat­ic post­ings on Creek­side Hob­by Shop with­out human inter­ven­tion or author­ship (an ‘auto­mat­ed post­ing device’), includ­ing with­out lim­i­ta­tion, the use of any such auto­mat­ed post­ing device in con­nec­tion with bulk post­ings, or for auto­mat­ic sub­mis­sion of post­ings at cer­tain times or inter­vals; or

x. Any Con­tent uploaded by you shall be sub­ject to rel­e­vant laws and /or may be sub­ject to inves­ti­ga­tion under appro­pri­ate laws. Fur­ther­more, if you are found to be in non-com­pli­ance with the laws and reg­u­la­tions, these terms, or the pri­va­cy pol­i­cy of the Site, we may ter­mi­nate your account/block your access to the Site and we reserve the right to remove any non-com­pli­ant Con­tent uploaded by you.

ACCESS TO THE SERVICE

a. Creek­side Hob­by Shop grants you a lim­it­ed, revo­ca­ble, non-exclu­sive license to access and use the Ser­vice for per­son­al use. This license grant­ed here­in does not include any of the following:

i. access to or use of the Ser­vice by Agents; or

ii. any col­lec­tion, aggre­ga­tion, copy­ing, dupli­ca­tion, dis­play or deriv­a­tive use of the Ser­vice nor any use of data min­ing, robots, spi­ders, or sim­i­lar data gath­er­ing and extrac­tion tools for any pur­pose unless express­ly per­mit­ted by Creek­side Hob­by Shop or as oth­er­wise set forth in these Terms.

b. Notwith­stand­ing the fore­go­ing, gen­er­al pur­pose inter­net search engines and non-com­mer­cial pub­lic archives that gath­er infor­ma­tion for the sole pur­pose of dis­play­ing hyper­links to the Ser­vice, pro­vid­ed they each do so from a sta­ble IP address or range of IP address­es using an eas­i­ly iden­ti­fi­able agent and com­ply with our file, may engage in the activ­i­ties set forth in (a)(ii). For pur­pos­es of this excep­tion, a ‘gen­er­al pur­pose inter­net search engine’ does not include a web­site or search engine or oth­er ser­vice that spe­cial­izes in list­ings includ­ing any sub­set of list­ings such as hous­ing, for sale, jobs, ser­vices, or per­son­als, or which oth­er­wise pro­vides clas­si­fied ad list­ing ser­vices. The license set forth in this Sec­tion per­mits you to dis­play on your web­site, or cre­ate a hyper­link there­to, indi­vid­ual post­ings on the Ser­vice so long as such use is for non-com­mer­cial and/or news report­ing pur­pos­es only (e.g., for use in per­son­al blogs or oth­er per­son­al online media).

c. If the total num­ber of such post­ings dis­played on or linked to your web­site exceeds nine­ty nine (99) post­ings, your use will be con­sid­ered to be in vio­la­tion of these Terms, unless Creek­side Hob­by Shop express­ly grants you per­mis­sion oth­er­wise. You are also per­mit­ted to cre­ate a hyper­link to the home page of the Web­site so long as the link does not por­tray Creek­side Hob­by Shop, its employ­ees, affil­i­ates or agents in a false, con­fus­ing, mis­lead­ing, deroga­to­ry, or oth­er­wise offen­sive matter.

d. Creek­side Hob­by Shop may offer parts of the Ser­vice in RSS for­mat for the pur­pose of embed­ding indi­vid­ual RSS feeds into a per­son­al web­site or blog, or view post­ings through third par­ty soft­ware news aggre­ga­tors. Creek­side Hob­by Shop per­mits you to dis­play, excerpt from, and link to any such RSS feeds on your per­son­al web­site or per­son­al blog, pro­vid­ed that

i. your use of the RSS feed is for per­son­al, non-com­mer­cial pur­pos­es only,

ii. each title with­in an RSS feed is cor­rect­ly linked back to the orig­i­nal post on the Ser­vice and redi­rects the user to the post when the user clicks on it,

iii. you pro­vide, in a con­spic­u­ous man­ner, prop­er attri­bu­tion to ‘Creek­side Hob­by Shop’ as the source of the RSS feed,

iv. your use or dis­play of the RSS feed does not sug­gest that Creek­side Hob­by Shop pro­motes or endors­es any third par­ty caus­es, opin­ions, ideas, web sites, prod­ucts or services,

v. you do not redis­trib­ute the RSS feed, and

vi. your use does not over­bur­den or oth­er­wise slow the per­for­mance of Creek­side Hob­by Shop’s systems.

e. Creek­side Hob­by Shop reserves all rights in and to the con­tent of any RSS feeds pro­vid­ed through the Ser­vice and may ter­mi­nate any RSS feed at any time with­out notice. Use of the Ser­vice beyond the scope of autho­rized access as set forth in these Terms imme­di­ate­ly ter­mi­nates any per­mis­sion or license grant­ed here­in. In order to col­lect, aggre­gate, copy, dupli­cate, dis­play or make deriv­a­tive use of the Ser­vice or any Con­tent made avail­able via the Ser­vice for oth­er pur­pos­es (includ­ing com­mer­cial pur­pos­es) not stat­ed here­in, you must first obtain a license from Creek­side Hob­by Shop.

5. PAID POSTINGS
Creek­side Hob­by Shop may charge a fee to post Con­tent in some areas of the Ser­vice. The fee per­mits cer­tain Con­tent to be post­ed in a des­ig­nat­ed area of the Web­site. Each par­ty post­ing Con­tent to the Ser­vice is respon­si­ble for said Con­tent and com­pli­ance with the Terms. Any such fees paid here­un­der are non-refund­able in any event includ­ing but not lim­it­ed to, where any Con­tent is removed from the Ser­vice for vio­lat­ing these Terms

6. POSTING AGENTS
As used here­in, the term ‘Post­ing Agent’ refers to a third-par­ty agent, ser­vice, or inter­me­di­ary that offers to post Con­tent to the Ser­vice on behalf of oth­ers. Creek­side Hob­by Shop pro­hibits the use of Post­ing Agents, direct­ly or indi­rect­ly, with­out the express writ­ten per­mis­sion of Creek­side Hob­by Shop. In addi­tion, Post­ing Agents are not per­mit­ted to post Con­tent on behalf of oth­ers, direct­ly or indi­rect­ly, or oth­er­wise access the Ser­vice to in order to post Con­tent on behalf of oth­ers, except with express writ­ten per­mis­sion or license from Creek­side Hob­by Shop.

7. USER SUBMISSIONS
You under­stand that when using the Web­site, you will be exposed to Con­tent from a vari­ety of sources, and that Creek­side Hob­by Shop is not respon­si­ble for the accu­ra­cy, use­ful­ness, safe­ty, or intel­lec­tu­al prop­er­ty rights of or relat­ing to such Con­tent, and you agree and assume all lia­bil­i­ty for your use. You fur­ther under­stand and acknowl­edge that you may be exposed to Con­tent that is inac­cu­rate, offen­sive, inde­cent, or objec­tion­able, defam­a­to­ry or libel­lous and you agree to waive, and here­by do waive, any legal or equi­table rights or reme­dies you have or may have against Creek­side Hob­by Shop. How­ev­er, nec­es­sary action will be tak­en by Creek­side Hob­by Shop pro­vid­ed the same is informed to Creek­side Hob­by Shop.

8. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
a. Creek­side Hob­by Shop is not liable for any infringe­ment of copy­right, trade­mark, trade secret or infringe­ment of any oth­er intel­lec­tu­al prop­er­ty rights aris­ing out of mate­ri­als post­ed on or trans­mit­ted through the site, or items adver­tised on the site, by end users or any oth­er third parties.

b. If you are a copy­right own­er or an agent there­of and believe that any user Con­tent or oth­er con­tent infringes upon your copy­rights, you may sub­mit a com­plaint with the web­site with nec­es­sary doc­u­ment to sup­port such claim along with an state­ment that you have a good faith belief that use of the mate­r­i­al in the man­ner com­plained of is not autho­rized by the copy­right own­er, its agent, or the law; and an state­ment that the infor­ma­tion in the com­plaint is accu­rate, and under penal­ty you are autho­rized to act on behalf of the own­er of an exclu­sive right that is alleged­ly infringed.

9. INTELLECTUAL PROPERTY RIGHTS

a. You acknowl­edge and agree that the mate­ri­als on the Web­site, oth­er than the user Con­tent that you licensed under the Terms, includ­ing with­out lim­i­ta­tion, the text, soft­ware, scripts, graph­ics, pho­tos, sounds, music, videos, inter­ac­tive fea­tures and the like (‘Mate­ri­als’) and the trade­marks, ser­vice marks and logos con­tained there­in (‘Marks’), are owned by or licensed to Creek­side Hob­by Shop, and are sub­ject to copy­right and oth­er intel­lec­tu­al prop­er­ty rights under rel­e­vant laws and inter­na­tion­al conventions.

b. Mate­ri­als on the Web­site are pro­vid­ed to you on an “AS IS” and “AS AVAILABLE” basis for your infor­ma­tion and per­son­al use only and may not be used, copied, repro­duced, dis­trib­uted, trans­mit­ted, broad­cast, dis­played, sold, licensed, or oth­er­wise exploit­ed for any oth­er pur­pos­es what­so­ev­er with­out the pri­or writ­ten con­sent of the respec­tive owner(s).

c. Creek­side Hob­by Shop reserves all rights not express­ly grant­ed here­in to the Web­site and the Mate­ri­als. You agree to not engage in the use, copy­ing, or dis­tri­b­u­tion of any of the Mate­ri­als oth­er than as express­ly per­mit­ted here­in, includ­ing any use, copy­ing, or dis­tri­b­u­tion of Mate­ri­als of third par­ties obtained through the Web­site for any com­mer­cial pur­pos­es. If you down­load or print a copy of the Mate­ri­als for per­son­al use, you must retain all copy­right and oth­er pro­pri­etary notices con­tained therein.

d. You agree not to cir­cum­vent, dis­able or oth­er­wise inter­fere with secu­ri­ty relat­ed fea­tures of the Web­site or fea­tures that pre­vent or restrict use or copy­ing of any Mate­ri­als or enforce lim­i­ta­tions on use of the Web­site or the Mate­ri­als there­in. The Ser­vice is pro­tect­ed to the max­i­mum extent per­mit­ted by copy­right laws, Trade­mark laws and oth­er laws, and inter­na­tion­al treaties. Con­tent dis­played on or through the Ser­vice is pro­tect­ed by copy­right as a col­lec­tive work and/or com­pi­la­tion, pur­suant to copy­rights laws, oth­er laws, and inter­na­tion­al con­ven­tions. Any repro­duc­tion, mod­i­fi­ca­tion, cre­ation of deriv­a­tive works from or redis­tri­b­u­tion of the Web­site, the Mate­ri­als, or the col­lec­tive work or com­pi­la­tion is express­ly pro­hib­it­ed. Copy­ing or repro­duc­ing the Web­site, the Mate­ri­als, or any por­tion there­of to any oth­er serv­er or loca­tion for fur­ther repro­duc­tion or redis­tri­b­u­tion is express­ly pro­hib­it­ed. You fur­ther agree not to repro­duce, dupli­cate or copy Con­tent or Mate­ri­als from the Ser­vice, and agree to abide by any and all copy­right notices and oth­er notices dis­played on the Ser­vice. You may not decom­pile or dis­as­sem­ble, reverse engi­neer or oth­er­wise attempt to dis­cov­er any source code con­tained in the Ser­vice. With­out lim­it­ing the fore­go­ing, you agree not to repro­duce, dupli­cate, copy, sell, resell or exploit for any com­mer­cial pur­pos­es, any aspect of the Service.

10. INDEMNITY
You agree to defend, indem­ni­fy and hold harm­less Creek­side Hob­by Shop, its offi­cers, sub­sidiaries, affil­i­ates, suc­ces­sors, assigns, direc­tors, offi­cers, agents, ser­vice providers, sup­pli­ers and employ­ees, from and against any and all claims, dam­ages, oblig­a­tions, loss­es, lia­bil­i­ties, costs or debt, and expens­es (includ­ing but not lim­it­ed to attor­neys’ fees) aris­ing from:

i. your use of and access to the Web­site and/or the Service;

ii. your vio­la­tion of any term of these Terms;

iii. your vio­la­tion of any third par­ty right, includ­ing with­out lim­i­ta­tion any copy­right, trade­mark, trade secret or oth­er prop­er­ty, or pri­va­cy right; or

iv. any claim that your Con­tent caused dam­age to a third party.

This defense and indem­ni­fi­ca­tion oblig­a­tion will sur­vive ter­mi­na­tion, mod­i­fi­ca­tion or expi­ra­tion of these Terms and your use of the Ser­vice and the Website.

11. NO SPAM POLICY
You under­stand and agree that send­ing unso­licit­ed email adver­tise­ments or oth­er unso­licit­ed com­mu­ni­ca­tions to Creek­side Hob­by Shop email address­es or through Creek­side Hob­by Shop com­put­er sys­tems are express­ly pro­hib­it­ed by these Terms. You acknowl­edge and agree that from time to time Creek­side Hob­by Shop may mon­i­tor e‑mail usage using human mon­i­tors or auto­mat­ed soft­ware to flag cer­tain words asso­ci­at­ed with spam or scams that are sent between one user to anoth­er in Creek­side Hob­by Shop’s e‑mail sys­tem and web­site. Any com­mu­ni­ca­tion between your­self and any oth­er user uti­liz­ing the com­mu­ni­ca­tion fea­tures avail­able on the Ser­vice and the Web­site may be used only in accor­dance with the Terms. Any unau­tho­rized use of Creek­side Hob­by Shop com­put­er sys­tems is a vio­la­tion of these Terms and Cen­tral and state laws. Such vio­la­tions may sub­ject the sender and his or her agents to civ­il and crim­i­nal pro­ceed­ings and penalties.

12. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

You acknowl­edge and agree that Creek­side Hob­by Shop shall not be liable for your inter­ac­tions with any orga­ni­za­tions and/or indi­vid­u­als on the Web­site or through the Ser­vice. This includes, but is not lim­it­ed to, pay­ment and deliv­ery of goods and ser­vices, and any oth­er terms, con­di­tions, war­ranties or rep­re­sen­ta­tions asso­ci­at­ed with any inter­ac­tion you may have with oth­er orga­ni­za­tions and/or indi­vid­u­als. These deal­ings are sole­ly between you and such orga­ni­za­tions and/or indi­vid­u­als. You agree and acknowl­edge that Creek­side Hob­by Shop shall not be respon­si­ble or liable for any loss or dam­age of any sort incurred as the result of any such deal­ings or inter­ac­tions. If there is a dis­pute between par­tic­i­pants on the Web­site, or between users and any third par­ty, you under­stand and agree that Creek­side Hob­by Shop is under no oblig­a­tion to become involved in such dis­pute. In the event that you have a dis­pute with one or more oth­er users, you here­by release and waive your rights against Creek­side Hob­by Shop, its offi­cers, employ­ees, agents and suc­ces­sors from any and all claims, demands and dam­ages (actu­al and con­se­quen­tial) of every kind or nature, known or unknown, sus­pect­ed and unsus­pect­ed, dis­closed and undis­closed, aris­ing out of or in any way relat­ed to such dis­putes and/or our Service.

13. LIMITATION AND TERMINATION OF SERVICE

a. You acknowl­edge and agree that Creek­side Hob­by Shop may estab­lish lim­its from time to time con­cern­ing use of the Ser­vice, includ­ing among oth­ers, the max­i­mum num­ber of days that Con­tent will be main­tained or retained by the Ser­vice, the max­i­mum num­ber and size of post­ings, e‑mail mes­sages, or oth­er Con­tent that may be trans­mit­ted or stored by the Ser­vice, and the fre­quen­cy with which you may access the Ser­vice or the Website.

b. You acknowl­edge and agree that Creek­side Hob­by Shop has no respon­si­bil­i­ty or lia­bil­i­ty for the dele­tion or fail­ure to store any Con­tent main­tained or trans­mit­ted by the Web­site or the Ser­vice unless it is a paid ser­vice pro­vid­ed by Creek­side Hob­by Shop. You acknowl­edge and agree that Creek­side Hob­by Shop reserves the right at any time to mod­i­fy or dis­con­tin­ue the Ser­vice (or any part there­of) with or with­out notice, and that Creek­side Hob­by Shop shall not be liable to you or to any third par­ty for any such mod­i­fi­ca­tion, sus­pen­sion or dis­con­tin­u­ance of the Service.

c. You acknowl­edge and agree that Creek­side Hob­by Shop, in its sole and absolute dis­cre­tion, has the right (but not the oblig­a­tion) to delete or deac­ti­vate your account, block your e‑mail or IP address, or oth­er­wise ter­mi­nate your access to or use of the Ser­vice (or any part there­of), imme­di­ate­ly and with­out notice, and remove and dis­card any Con­tent with­in the Ser­vice, for any rea­son or no rea­son at all, includ­ing, with­out lim­i­ta­tion, if Creek­side Hob­by Shop believes that you have vio­lat­ed these Terms or any laws. Fur­ther, you agree that Creek­side Hob­by Shop shall not be liable to you or any third-par­ty for any ter­mi­na­tion of your access to the Web­site or the Ser­vice. Fur­ther, you agree not to attempt to use the Ser­vice after any such termination.

14. DISCLAIMER

a. You express­ly acknowl­edge and agree that use of the web­site, it down­loads, prod­ucts, ideas, and the ser­vice is entire­ly at your own risk and that the web­site and the ser­vice are pro­vid­ed on an ‘as is’ or ‘as avail­able’ basis, with­out any war­ranties of any kind. All express and implied war­ranties, includ­ing, with­out lim­i­ta­tion, the war­ranties of mer­chantabil­i­ty, fit­ness for a par­tic­u­lar pur­pose, and non-infringe­ment of pro­pri­etary rights are express­ly dis­claimed to the fullest extent per­mit­ted by law.

b. To the fullest extent per­mit­ted by law, Creek­side Hob­by Shop, its offi­cers, direc­tors, employ­ees, and agents dis­claim all war­ranties, express or implied, in con­nec­tion with the web­site and your use there­of of any down­loads, infor­ma­tion, prod­ucts, ideas, and service.

c. Creek­side Hob­by Shop makes no war­ranties or rep­re­sen­ta­tions about the accu­ra­cy or com­plete­ness of the website’s con­tent, down­loads, infor­ma­tion, prod­ucts, ideas, and ser­vice, or the con­tent of any third par­ty web­sites linked to the web­site and assumes no lia­bil­i­ty or respon­si­bil­i­ty for any

i. Errors, mis­takes, or inac­cu­ra­cies of content,

ii. Per­son­al injury or prop­er­ty dam­age, of any nature what­so­ev­er, result­ing from your access to and use of the web­site and service,

iii. Any unau­tho­rized access to or use of our servers and/or any and all per­son­al infor­ma­tion and/or finan­cial infor­ma­tion stored therein,

iv. Any inter­rup­tion or ces­sa­tion of trans­mis­sion to or from the website,

v. Any bugs, virus­es, tro­jan hors­es, or the like which may be trans­mit­ted to or through the web­site by any third par­ty, and/or

vi. Any errors or omis­sions in any con­tent or for any loss or dam­age of any kind incurred as a result of the use of any con­tent post­ed, emailed, com­mu­ni­cat­ed, trans­mit­ted, or oth­er­wise made avail­able via the web­site or the service.

d. Creek­side Hob­by Shop does not war­rant, endorse, guar­an­tee, or assume respon­si­bil­i­ty for any prod­uct or ser­vice adver­tised or offered by a third par­ty through the web­site or any hyper­linked web­site or fea­tured in any ban­ner or oth­er adver­tis­ing, and Creek­side Hob­by Shop WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. As with the pur­chase of a prod­uct or ser­vice through any medi­um or in any envi­ron­ment, you should use your best judg­ment and exer­cise cau­tion where appropriate.

Creek­side Hob­by Shop will not be respon­si­ble for your actions or choic­es to use the ideas pre­sent­ed here.  We make no guar­an­tees or war­ranties of any kind, express, implied, statu­to­ry or oth­er­wise for any goods or ser­vice we pro­vide unless specif­i­cal­ly stat­ed oth­er­wise.  We will not be respon­si­ble for any actions, acci­dents, or dam­ages you may suf­fer to the extent per­mis­si­ble by law.

All logos and/or reg­is­tered trade­marks dis­played on any part of the Creek­side Hob­by Shop web­site are the prop­er­ty of their respec­tive copy­right own­ers. If you have rea­son to believe that any form of Intel­lec­tu­al Prop­er­ty or Copy­right infringe­ment has occurred in any part of our web­site please con­tact us.

The grounds on which Creek­side Hob­by Shop may take such action include, but are not lim­it­ed to, actu­al or poten­tial vio­la­tions of our Terms of Ser­vice and oth­er legal doc­u­ments of Creek­side Hob­by Shop.

Noti­fi­ca­tion of all amend­ments will be dis­played pub­licly on our web­site — it is your respon­si­bil­i­ty to check our web­site and your Creek­side Hob­by Shop account login peri­od­i­cal­ly to ensure you stay informed of any change. We reserve the right to revise our poli­cies or terms of ser­vice and oth­er legal doc­u­ments from time to time.

Under no cir­cum­stances, shall Creek­side Hob­by Shop, its offi­cers, agents or any­one else involved in cre­at­ing, pro­duc­ing or dis­trib­ut­ing the ser­vice be liable for any direct, indi­rect, inci­den­tal, spe­cial or con­se­quen­tial dam­ages that result from the use or the inabil­i­ty to use the Ser­vice or ideas pre­sent­ed here; or that results from mis­takes, omis­sions, inter­rup­tions, dele­tion of files, errors, defects, delays in oper­a­tion, or trans­mis­sion or any fail­ure of per­for­mance, whether or not lim­it­ed to acts of God, com­mu­ni­ca­tion fail­ure, theft, destruc­tion or unau­tho­rized access to our records, pro­grams or services.

15. LIMITATIONS OF LIABILITY

In no event shall Creek­side Hob­by Shop, its offi­cers, direc­tors, employ­ees, or agents, be liable for direct, indi­rect, inci­den­tal, spe­cial, con­se­quen­tial or exem­plary dam­ages (even if Creek­side Hob­by Shop has been advised of the pos­si­bil­i­ty of such dam­ages), result­ing from any aspect of your use of the web­site or the ser­vice, includ­ing with­out lim­i­ta­tion whether the dam­ages arise from use or mis­use of the web­site or the ser­vice, from inabil­i­ty to use the web­site or the ser­vice, or the inter­rup­tion, sus­pen­sion, mod­i­fi­ca­tion, alter­ation, or ter­mi­na­tion of the web­site or the ser­vice. Such lim­i­ta­tion of lia­bil­i­ty shall also apply with respect to dam­ages incurred by rea­son of oth­er ser­vices or prod­ucts received through or adver­tised in con­nec­tion with the web­site or the ser­vice or any links on the web­site, as well as by rea­son of any infor­ma­tion, opin­ions or advice received through or adver­tised in con­nec­tion with the web­site or the ser­vice or any links on the Creek­side Hob­by Shop’s web­site. These lim­i­ta­tions shall apply to the fullest extent per­mit­ted by law. You specif­i­cal­ly acknowl­edge and agree that Creek­side Hob­by Shop shall not be liable for user sub­mis­sions or the defam­a­to­ry, offen­sive, or ille­gal con­duct of any user or third par­ty and that the risk of harm or dam­age from the fore­go­ing rests entire­ly with you. Creek­side Hob­by Shop makes no rep­re­sen­ta­tions or war­ranties that the web­site is appro­pri­ate for use in dif­fer­ent loca­tions. Those who access or use the web­site from oth­er juris­dic­tions do so at their own voli­tion and risk and are respon­si­ble for com­pli­ance with local law.

16. DISPUTE RESOLUTION

In the event of any con­tro­ver­sy or claim aris­ing out of or relat­ing to this agree­ment, contract/terms or oth­er legal doc­u­ments relat­ed to the web­site or any oth­er legal dis­putes includ­ing its breach there­of aris­ing from the use or mis­use of the web­site and/or its appli­ca­tion between the users of the web­site or between users and the web­site (includ­ing its asso­ciates, affil­i­a­tions or any oth­er per­son), the par­ties may first attempt to set­tle the dis­pute by medi­a­tion, admin­is­tered by the www.lawvslaw.com under its Rules framed from time to time. If set­tle­ment is not reached with­in six­ty days after ser­vice of a writ­ten demand for medi­a­tion, any unre­solved con­tro­ver­sy or claim shall be set­tled by arbi­tra­tion admin­is­tered by the www.lawvslaw.com under Rules and pro­ce­dure there­of and the deci­sion of the arbi­tra­tor shall be bind­ing on all the par­ties relat­ed to the transaction(s). Arbi­tra­tion or medi­a­tion, as the case may be shall be con­duct­ed online by www.lawvslaw.com apply­ing Indi­an Laws. The lan­guage of the pro­ceed­ings shall be in English.

17. ASSIGNMENT

These Terms, and any rights and licens­es grant­ed here­un­der, may not be trans­ferred or assigned by you, but may be assigned by Creek­side Hob­by Shop with­out restric­tion. Any assign­ment or trans­fer by you shall be null and void.

18. ABILITY TO ACCEPT TERMS OF SERVICE
This Web­site is intend­ed only for adults. You affirm that you are either more than 18 years of age and are ful­ly able and com­pe­tent to enter into the con­tract such as terms, con­di­tions, oblig­a­tions, affir­ma­tions, rep­re­sen­ta­tions, and war­ranties set forth in these Terms, and to abide by and com­ply with these Terms.

19. GENERAL INFORMATION
a. These Terms and the oth­er poli­cies post­ed on the Web­site con­sti­tute the com­plete and exclu­sive under­stand­ing and agree­ment between you and Creek­side Hob­by Shop and gov­ern your use of the Ser­vice and the Web­site super­sed­ing all pri­or under­stand­ings, pro­pos­als, agree­ments, nego­ti­a­tions, and dis­cus­sions between the par­ties, whether writ­ten or oral.

b. The Terms and the rela­tion­ship between you and Creek­side Hob­by Shop shall be gov­erned by the laws in force in the ter­ri­to­ry of India with­out regard to its con­flict of law prin­ci­ples. You and Creek­side Hob­by Shop agree to sub­mit to the per­son­al and exclu­sive juris­dic­tion of the courts locat­ed with­in Chen­nai, Tamil Nadu, India and The fail­ure of Creek­side Hob­by Shop to exer­cise or enforce any right or pro­vi­sion of the Terms shall not con­sti­tute a waiv­er of such right or provision.

c. If any pro­vi­sion of the Terms is found by a court of com­pe­tent juris­dic­tion to be invalid (includ­ing, with­out lim­i­ta­tion, because such pro­vi­sion is incon­sis­tent with the laws of anoth­er juris­dic­tion) or inap­plic­a­ble, the par­ties nev­er­the­less agree that the court should endeav­our to give effect to the par­ties’ inten­tions as reflect­ed in the provision.

d. If any pro­vi­sion or pro­vi­sions of these Terms is held to be invalid, ille­gal or unen­force­able, the valid­i­ty, legal­i­ty and enforce­abil­i­ty of the remain­ing pro­vi­sions of the Terms shall not in any way be affect­ed or be impaired.

e. These Terms shall inure to the ben­e­fit of and be bind­ing upon each party’s suc­ces­sors and assigns.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

a. Please report any vio­la­tions of the Terms that you become aware of by con­tact­ing us using the link at the bot­tom of the home­page of the Web­site. Any fail­ure to act by Creek­side Hob­by Shop with respect to a breach by you or oth­ers does not waive our right to act with respect to sub­se­quent or sim­i­lar breach­es by you or oth­ers. You under­stand and agree that, because dam­ages are often dif­fi­cult or impos­si­ble to quan­ti­fy, if actu­al dam­ages can­not be rea­son­ably cal­cu­lat­ed then you will be liable to pay Creek­side Hob­by Shop the fol­low­ing as liq­ui­dat­ed dam­ages (and not a penalty):

b. If Creek­side Hob­by Shop estab­lish­es any lim­its on the fre­quen­cy with which you may access the Ser­vice, or ter­mi­nates your access to or use of the Ser­vice, you agree to pay Creek­side Hob­by Shop five thou­sand rupees only (Rs.5,000/-) for
each mes­sage post­ed in excess of such lim­its or
each day on which you access Creek­side Hob­by Shop in excess of such lim­its, whichev­er is higher.

If you post a mes­sage that

i. imper­son­ates any per­son or entity;

ii. false­ly states or oth­er­wise mis­rep­re­sents your affil­i­a­tion with a per­son or enti­ty; or

iii. that includes per­son­al or iden­ti­fy­ing infor­ma­tion about anoth­er per­son with­out that oth­er person’s explic­it con­sent, you agree that Creek­side Hob­by Shop in its sole dis­cre­tion may dis­close iden­ti­fy­ing infor­ma­tion about you to the vic­tim, and that Creek­side Hob­by Shop may insti­tute a claim against you in court, that you shall pay Creek­side Hob­by Shop fifty thou­sand rupees (50,000/-) for each such message.

d. If you are a Post­ing Agent that uses the Ser­vice in vio­la­tion of these Terms, in addi­tion to any liq­ui­dat­ed dam­ages under the terms below you agree to pay Creek­side Hob­by Shop five thou­sand rupees (Rs.5,000/-) for each and every item you post in vio­la­tion of these Terms. A Post­ing Agent will also be deemed to be an agent of the par­ty engag­ing the Post­ing Agent to access the Ser­vice, and such par­ty (by engag­ing the Post­ing Agent in vio­la­tion of these Terms) agrees to pay Creek­side Hob­by Shop an addi­tion­al five thou­sand rupees (Rs.5,000/-) for each item post­ed by the Post­ing Agent on behalf of such par­ty in vio­la­tion of these Terms.

e. If you use Creek­side Hob­by Shop e‑mail address­es or com­put­er sys­tems to send unso­licit­ed e‑mail adver­tise­ments to Creek­side Hob­by Shop e‑mail address­es or any oth­er par­ty, you agree to pay Creek­side Hob­by Shop five thou­sand rupees (Rs.5,000/-) for each such e‑mail.

f. If you post mes­sages in vio­la­tion of these Terms, oth­er than as described above, you agree to pay Creek­side Hob­by Shop five thou­sand rupees (Rs.5,000/-) for each such mes­sage. Notwith­stand­ing the fore­go­ing, Creek­side Hob­by Shop may, in its sole and absolute dis­cre­tion, issue a warn­ing before assess­ing dam­ages pur­suant to this provision.

g. If you aggre­gate, copy, dis­play, mir­ror, repro­duce, or oth­er­wise exploit for any pur­pose any Con­tent (except for your own Con­tent) in vio­la­tion of these Terms with­out Creek­side Hob­by Shop’s pri­or writ­ten per­mis­sion, you agree to pay Creek­side Hob­by Shop one lakh rupees (Rs.1,00,000/-) for each activ­i­ty on which you engage in such conduct.

h. If none of the fore­go­ing claus­es are applic­a­ble, you agree to pay Creek­side Hob­by Shop actu­al dam­ages, to the extent such actu­al dam­ages can be rea­son­ably cal­cu­lat­ed. Notwith­stand­ing any oth­er pro­vi­sion of these Terms, Creek­side Hob­by Shop retains the right to seek equi­table reme­dies, includ­ing with­out lim­i­ta­tion, spe­cif­ic per­for­mance of any term con­tained in these Terms, or a pre­lim­i­nary or per­ma­nent injunc­tion against the breach or threat­ened breach of any such term or in aid of the exer­cise of any pow­er grant­ed in these Terms, or any com­bi­na­tion there­of, with­out the neces­si­ty of post­ing a bond.

21. GRIEVANCE OFFICER
If you have any griev­ance with respect to the Web­site or the Ser­vice, you can con­tact our griev­ance offi­cer at:
Name : Jim
Des­ig­na­tion: Administrator
Email: admin@creeksidehobbyshop.com

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