Welcome to hobbyDB. These terms and conditions apply to the services available from the domain and sub-domains of https://www.hobbydb.com (together, the “Site”). You are contracting with hobbyDB, a Delaware company, known in this User Agreement as “hobbyDB”, “we”, “us” or “our”. Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the “Additional terms” section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the “User Agreement”). By becoming a user of hobbyDB, you are indicating your agreement to accept and abide by all of the terms and conditions of this User Agreement and each of the “Additional terms” referred to in this User Agreement. The User Agreement constitutes a legally binding agreement between you and hobbyDB. This User Agreement is valid from 1 September 2013 and is effective upon acceptance for new users.
You may not use the Site if you are under the age of 18 and do not have permission from your parent or legal guardian to do so, if you are not able to form legally binding contracts, or if your hobbyDB user status has been suspended. While using the Site, you will not:
If you are registering with hobbyDB as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on hobbyDB, you must comply with all applicable laws relating to online trading in your location. We will commence supplying our services to you as soon as you accept this User Agreement.
hobbyDB and the hobbyDB community work together to keep the site working properly and the community safe. Any problems, offensive content or policy breaches should be reported to us. Without limiting our options for further action, we may issue you with warnings, limit, suspend, or terminate the supply of our services to you and/or your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn the hobbyDB community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
We also reserve the right to cancel unconfirmed accounts. You agree not to hold hobbyDB responsible for any loss you may incur as a result of hobbyDB taking any of the actions described above.
We do not tolerate spam (unsolicited commercial communications) and do not send any out to our users. In the event that you do not wish to adhere to the default settings for methods by which we will communicate with you, please set your hobbyDB notification preferences in order that we can communicate with you in the method of your choice. You may not add other hobbyDB users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. We do not rent or sell any of our users’ email addresses or any other email addresses we may receive communication from to third parties. To report spam from other hobbyDB users, please contact us.
In registering as a hobbyDB user, you agree to receive non-commercial email communications from us and we reserve the right to send these to all users who have not specifically opted out of receiving email from the site using the links supplied for this purpose within all email communications sent.
Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other’s name, User ID, email address, physical address and other contact information, including financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage all users to evaluate the privacy and security policies of their trading partners before entering into transactions and choosing to share sensitive information with them. Similarly, we ask all users to respect other users’ privacy and disclose their privacy and security policies to them prior to involvement in transactions. In all cases, users must be given the option of removing themselves from other users’ databases and the opportunity to review the information any other user has collected about them. All users agree to use other users’ information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
Your Username is the name by which you choose to be known on the Site when registering. Your avatar is the image which appears on your profile by your Username and/or the image which appears on your store homepage if you have a store. In registering, you agree not to do so under a Username which is:
In any instance where your choice of Username violates these conditions, we will inform you of this and request that you specify an alternate Username. If for any reason you fail to supply us with a reasonable alternative Username, we reserve the right to amend your Username to an alternative chosen by ourselves.
In any instance where your avatar violates these conditions, we will inform you of this, delete your avatar and replace it with the site’s standard avatar placeholder.
At hobbyDB, it’s our mission to build the world’s most comprehensive collectibles database. Anyone can use the catalog to research their favorite collectibles, free of charge.
We also support a marketplace where buyers and sellers can come together to purchase and sell collectibles. In order to protect all marketplace stakeholders, we have certain policies and standards that we ask the community to abide by. At the moment, every transaction must occur in US dollars. If you have any additional questions about our policies, please feel free to get in touch by emailing contact@hobbydb.com, visiting our contact page, or check out our FAQs.
When purchasing an item, either via a buy-it-now price or by making an offer, you agree to the following rules –
Credit Program
Community members will be able to participate in our refer-a-friend program and are eligible to receive credits when they refer a new user to sign up, or when that user purchases an item. Credit will only be given if the new user is unique, with no previous registered Username on the Site. If a community member creates fraudulent or duplicate accounts to receive credit, hobbyDB reserves the right to ban said community member from the site and to pursue legal action against community member.
Shipping and Handling Policy –
hobbyDB allows sellers to charge fair and reasonable shipping rates, which can exceed shipping costs charged by the shipping provider allowing sellers to cover expenses related to packaging materials, etc. Sellers are encouraged to use tracking, delivery confirmation, or signature confirmation.
International Hub Shipping Policy –
A seller is not responsible for item loss or damage that occurs after the item is forwarded by the US shipping center. Once an item has been forwarded by the US shipping center, a seller won’t be responsible for refunding the buyer if a PayPal Purchase Protection case is filed against you for one of the following reasons:
A buyer claims an item isn’t received or
A package is damaged in transit
Returns and Refunds Policy –
hobbyDB’s Refund and Return policies are:
Buyer Issues
If there are issues with your order please email the hobbyDB team at support@hobbyDB.com and we will help you your resolution.
If seller cannot meet their obligation of a sale within 10 days, unless otherwise posted on the listing, the sale will be canceled and buyer will be refunded for the item and shipping costs. The seller needs to notify the hobbyDB team at support@hobbyDB.com to start a resolution with the buyer.
Fees for Sellers
hobbyDB only charges fees if an item sells.There is no cost to list an item for sale. The hobbyDB fee is 7% of the item cost, plus the customary PayPal fee of approximately 3%. The hobbyDB fee is capped at a maximum amount of $100 (exclusive of PayPal fees) for any single sale. Once an item sells, you will receive payment via PayPal, minus the hobbyDB fee and PayPal fee. hobbyDB reserves the right to charge a service and handling fee of $2 if a seller is unable to fulfill an order due to inaccurate marketplace listings.
Store owners are not charged any additional fees. Starting on January 1st 2020, hobbyDB will charge a fee of $9.99 per month to operate a store.
Seller Payment Schedule
Seller payouts are made weekly, on Wednesdays.
Sellers who are members of our Trusted Seller program will receive payment for all sales which have had a valid tracking number entered into our system and which have not been paid out in a previous cycle. Sellers who are not yet members of our Trusted Seller program will receive payment for all sales which have had a valid tracking number entered into our system, which the buyer has marked as received and which have not been paid out in a previous cycle.
Items which have been sent via non-trackable services and marked as Shipped Without Tracking will be paid once the buyer has marked the items as received.
In the event that an item has either been shipped via a non-trackable service or shipped with tracking by a seller who is not yet a member of the Trusted Seller program and is not marked as received, payment will be made once a reasonable period of time has passed and no buyer complaint has been filed. The length of this period is calculated based on a number of factors, including the item’s value, the number of successful transactions the seller and buyer have completed, their respected length of site membership and the locations the order is shipping from and to.
Trusted Seller Program
Sellers are considered for our Trusted Seller program on a case-by-case basis, taking into account factors including quantity of sales, quality of items, buyer satisfaction and other risk factors.
Sellers Using hobbyDB to Promote Offsite Sales
Site members are prohibited from using hobbyDB to contact each other with offers to either sell or purchase items outside of hobbyDB. Also, members are forbidden from usinginformation obtained from hobbyDB or any hobbyDB systems to contact each other about buying or selling outside of hobbyDB.
Sellers are liable for fees arising out of all sales made using some or all hobbyDB Services, even in the event that sales terms are finalized or payment is made outside of hobbyDB.
Sellers are also liable for final value fees if they offer or reference their contact information, or ask for a buyer’s contact information, in the context of buying or selling outside of hobbyDB, even if the item does not sell.
If you receive an offer to buy or sell outside hobbyDB, please report this to support@hobbydb.com.
Also, the following activities are prohibited;
Failure to follow these guidelines may result in you being subject to a range of actions, including limitations of your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of our expenses in policy monitoring and enforcement.
hobbyDB Stores are currently in Beta. Beta Store owners will not have to pay Store Subscriptions until January 1st 2020.
When you give us content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademarks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. We need these rights to host and display your content.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, you causing content to be posted using our services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with our services and in compliance with this Agreement.
We reserve the right to remove from the site any user-generated content deemed to be offensive or inappropriate in any way, and to suspend and/or delete without warning the account of any user of the site who uploads such content, in accordance with the terms of this user agreement.
Attempting to use the site to arrange or facilitate sale or trade of real weapons of any sort (including but not limited to replica handguns) is expressly forbidden and any attempts to do this will result in the immediate and permanent suspension of the user accounts involved.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. You cannot and will not hold hobbyDB responsible for other users’ actions or inactions.
Although hobbyDB is often referred to as an online auction web site, you acknowledge that we are not a traditional auctioneer but provide through the Site a platform to allow anyone to offer, sell, and/or buy just about any collectible, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of any item listed or sold through the Site. We do not review user’s listings and we are not party to the actual transactions between buyers and sellers.
hobbyDB is in no way responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off hobbyDB) or for ensuring that they actually complete transactions. We have no control over, do not guarantee, and you will not hold us responsible for:
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal in your territory simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site. Although we use techniques intended to verify the accuracy and truth of the information provided by our users, User verification on the internet is difficult. hobbyDB cannot and does not confirm, and is not responsible for ensuring the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on the Site. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use all reasonable means to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us and which may arise out of your use of our Site. Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, or (b) $100.
In cases where you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising from or in any way connected with such disputes.
Note that views and opinions expressed within comments or anywhere else on the site by users are not those of hobbyDB or endorsed by hobbyDB.
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to hobbyDB by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the hobbyDB Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the USA that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and selecting the appropriate settings. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the hobbyDB Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur which arise from any breach by you of this User Agreement.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
All notices to hobbyDB shall be sent by registered mail to our registered address. We shall send notices to you by email or by registered mail to the email address or postal address (as applicable) that you provided to hobbyDB when you registered as a user of hobbyDB. Notices sent to you by email shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement, but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
You and hobbyDB agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the hobbyDB User Agreement your use of or access to the our services, or any products or services sold or purchased through our services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and hobbyDB, except as otherwise stated in the User Agreement.
You and hobbyDB each agree that any and all disputes or claims that have arisen or may arise between you and hobbyDB relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to hobbyDB’s services, or any products or services sold, offered, or purchased through hobbyDB’s services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and hobbyDB must be resolved exclusively by a state or federal court located in Colorado. You and hobbyDB agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.
Just as we require users of our Site to respect our copyrights and other intellectual property rights (and those of our affiliates and other third parties), we too respects the copyrights and other intellectual property rights of users of our Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright infringement agent by mail to:
hobbyDB
Attn: Copyright Notice Agent
2405 Broadway St
Boulder
CO 80304
USA
Please provide the following information in any notice of any potential infringement you send to our copyright infringement agent: