1) Privacy:

- All users will ensure that they maintain appropriate privacy settings for all content in their posts and blogs. The default privacy setting for the addition of content to an interest, sub-interest, or member blog is Public. When a user posts under a Public privacy setting, he/she has agreed to share content with the world at large. It is impossible to take down all copies of his/her post. Users have the option of changing privacy posting settings in the posting box and for their user profile under the drop-down “Privacy Settings”. Users can define their own distribution group lists or specific friends for disseminating their posts. Even private posts to a user’s restricted group may end up in the public domain if a user’s friend chooses to share the posts publicly. Users should post, discuss, comment and disclose only what they would be proud about. This also applies to letting others know their interests, friends and positive personality attributes. Users can check their publicly visible profiles by searching their name under the “Mob” tab without logging to the website.

- Users choose to share information when they post comments, content, add a friend or follow someone. Similarly, user name, profile photo, gender are treated as public information. Users also choose to share information when they communicate with theHobMob™ (“HBM”) via email or use HBM contact importers. Similarly, other users may share information about the user in a public setting outside HBM control. HBM (including HBM applications when available) may receive various types of data, including location information or network TCP-IP address through the use of cookies or pattern recognition. HBM retains the right to use such data to offer better services, products, enhance security, and fine-tune our delivery platform. HBM users fully understand that other users may collect information about them based on their online activities. HBM may utilize physiographic profile, gender and age to provide appropriate services, advertisements at a future date. Users should refrain from publicly sharing any content or information either their own or relating to others which would ordinarily be deemed as private and personal. A user’s login name and information such as their interests helps other users to search for them. Use of HBM constitutes an acceptance of HBM’s privacy guidelines. If compelled by a legal process, HBM may disclose user’s personal information. HBM may choose to assist law enforcement to prevent illegal and unlawful activities.

- Upon deletion of an account, a user’s postings and information may remain public in other users’ posts. Information may remain in backup copies and logs. Data transmitted over the Internet is never completely secure. HBM may keep information in order to comply with any legal or regulatory requirements.

- HBM reserves the right to act upon users’ suggestions without any compensation to them. If there is a change in control and ownership of HBM, HBM may transfer all user data and information to ensure continuation of service.

2) User Responsibility:

- HBM cannot and will not review all the content posted on HBM. HBM will not review or be responsible for any embedded links to other websites. HBM will not responsible if users view inappropriate, unlawful objectionable content. HBM will not be accountable for any irresponsible behavior of users. HBM relies on the collective wisdom of the crowds to keep HBM safe. The internet is not a fully secure environment.

- The HBM web site is provided on an “as is” basis and may not be available all the time. It may be unavailable during maintenance. HBM disclaims any express or implied legal liability for quality, reliability or safety of HBM.

- HBM is not responsible for the loss of data, pictures, video, and other content due to malfunction, malicious attack, or electronic failure. HBM makes no express or implied warranties about the continued use of HBM. HBM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HBM nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. Users understand that when they download from, or otherwise obtain content or services through the HBM website, they do so at their own discretion and risk.

Limitation of Liability:

In no event will HBM, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid, if any, by the user under this agreement during the twelve (12) month period prior to the cause of action. HBM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Any claim invoked by a user 12 months or more after such claim purportedly arises is permanently barred.

General Representation and Warranty:

Users represent and warrant that (i) use of the website will be in strict accordance with the HBM Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in domicile country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country of residence) and (ii) the use of the HBM website will not infringe or misappropriate the intellectual property rights of HBM or any third party.

Indemnification:

Users agree to indemnify and hold harmless HBM, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of use of the HBM website, including but not limited to user violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between HBM and the user concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of HBM, or by the posting by HBM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the HBM website will be governed by the laws of the state of New Jersey, U.S.A., and the proper venue for any non-arbitrable disputes arising out of or relating to any of the same will be the state and federal courts located in or covering Hudson County, New Jersey. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Secaucus, New Jersey, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HBM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

3) Content:

A user interest blog on HBM speaks to who users are as people. It represents their creations, interests and shows what they are passionate about. Content includes all kinds of posts and comments.

A user warrants that:

- A user will not promote the sale or use of firearms, tobacco, adult products, prescription drugs, online gambling, lotteries, multi-level marketing, pyramid schemes, directly or indirectly by use of misleading names. The user will not develop or offer third party applications for these prohibited activities.

- Blog names created by users should accurately reflect content. Blog names should be grammatically correct and conform to the aesthetics of HBM. Third party advertisements on blogs or interest pages are prohibited. Blog names will not be Interest/Subinterest or blog names already used by HBM or any other generic names. HBM may require any user to change, or change on its own accord, any Subinterest name or Blog name. Similarly, HBM may change, modify, edit or rename a user created Subinterest category or talent name.

- Blogs or pages created by HBM users will not impersonate or misrepresent that they are official blogs for brands, organizations or public figures. Blog content is Public unless posted otherwise by user. A user owns and has legal rights to all blog content or links.

- A user owns all content and information posted on HBM. Users have legal permission prior to use or share copyrighted works, trademarks or any IPR.

- In line with standard industry practice, when the user posts content on HBM they grant HBM a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to reproduce, adapt and use any part or all content for the purpose of displaying promoting his/her blog and HBM. This license would continue to hold even after a member voluntarily or involuntarily ceases to be a user of HBM.

- HBM has trademark rights to: HobMob™, theHOBMOB™, theHobMob.com, “Hob”, “Mob”. HBM retains the rights to the site layout, icons, design and concept. Use of HBM does not confer any rights to the foregoing.

Both the user and HBM agree to give permission to post links or content from HBM to a website or vice versa through use of social plugins. If users choose to embed content from HBM to another external location or vice versa, they will ensure that, the external location or website adheres to the guidelines and policies of HBM. Users should consult the terms and policies of other websites to understand their rights.

If you believe that your copyrighted work has been posted to HBM you may contact HBM through the “Help” email link on HBM homepage, providing the URL’s and other details of alleged infringement along with your contact information (name, address, telephone number, contact email). Misrepresentations of infringement can result in liability for monetary damages. HBM does not explicitly or implicitly endorse, or take any liability for any user content submitted by users on HBM.