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Terms and conditions.

Entering this web page myhobb.com (the "Web Site") provided by Divernet, S.A. de C.V. (the "Provider"), anyone who makes use of it (the "User") accepts these terms and conditions (the "Terms and Conditions"); therefore, they must be carefully revised before continuing. Should any User not agree with these Terms and Conditions, they must stop immediately the use of the Web Site and must not access to the information or programs that are a part thereof. These Terms and Conditions may be modified from time to time by the Provider, wherefore, we recommend that the User consults them periodically in order to be aware of the current regulations at the moment of accessing the Web Site.

I. General Provisions.

I.1. For the purposes of these Terms and Conditions, the concept "Web Site" includes all of its contents, which are:

a)      The appearance of the Web Site, both static external and screen movement,

b)      The integrated elements of the Web Page or of registered third parties, in the screen interfaces and the navigation icons, including but not limited to texts, images, sounds, data bases, photographs, and all those creations and objects expressed by any known means or added to the Web Site in the future, whether they are or not subject to be protected by the intellectual property legal regulations in force o by any other analog legal system.

I.2. These Terms and Conditions regulate the access and use of the Web Site, including its contents and the services put into disposition of the Users through it. Notwithstanding the foregoing, the access and use of some contents and/or services of the Web Site may be ruled by certain special conditions (the "Special Conditions"), including but not limited to all those legal disclaimers, guidelines and/or regulations about internet use that, as the case may be, will complete these Terms and Conditions. In case of controversy between the Terms and Conditions expressed herein and the Special Conditions, the Special Conditions shall prevail.

I.3. The access and/or use of the Web Site, as well as all or part of the contents and services incorporated in it, confers to the person who does it the condition of User.

The condition of User necessarily entails the previous acceptance and adherence, fully and without any reservation, to these Terms and Conditions as well as the Special Conditions that may be applied. The use of the Web Site by the User shall be deemed to be subject to the strict compliance of these Terms and Conditions, and, if it’s the case, of the applicable Special Conditions.

Users from all over the world may have access to the Web Site contents as well as the contests that take place through it.

I.4. The Provider shall make all the reasonable efforts to guarantee to the User the availability and accessibility to the Web Site the 24 hours of every day in which the published information remains valid. Notwithstanding the foregoing, interruptions may happen for the necessary periods of time for causes related to the internet service provider or the supply of new connections and/or the update of the necessary maintenance operations that, in general, imply the suspension of the access or the use of the Web Site.

I.5. The Provider reserves the faculty to modify in any moment, and without prior notice, the appearance and configuration of the Web Site, of its content and services comprehended therein. The User acknowledges and expressly accepts that in any moment any of the contents and/or services that form the Web Site may be interrupted, deactivated and/or cancelled.

I.6. The User acknowledges and expressly accepts that the Provider may broaden, limit or restrict the capacity, availability and performance of the contents put to their disposition in the Web Site.

I.7. To contact the Provider, for any complains, suggestions or comments, please send a letter to the following email: contact@myhobb.com

II. Procedures to carry out the contests that may be accessed to through the Web Site.

II.1. By paying a sole subscription fee per photograph that will be set and published by the Provider in the Web Site, the contestants will have the possibility to win prizes equivalent in Mexican pesos to $100, $10,000 and $1’000,000.00 US dollars in the different stages of the contests. The conversion from US dollars to Mexican pesos shall be made according to the exchange rate published by the Bank of Mexico for the day in which the winner of the contest is determined.

II.2. The Provider will make available to the Users through the Web Site certain contents that can only be accessed by registering themselves. When registering the User shall provide the requested information in the available registering form. Nevertheless, the Provider may request the User to complete additional register forms. The treatment to any personal information of the Users obtained through the registering forms will be made according to these Terms and Conditions. As the User goes through the registration process, he/she shall give only truthful, precise and complete information about his/her identity, regarding the information requested in the registering form, and shall keep such information updated. Should the User give any false, inaccurate or incomplete information, or if the Provider has enough reasons to suspect that information is false, inaccurate or incomplete, the Provider may deny the present and/or future access and use of the Web Site, and of any of the contents comprehended therein.

II.3. The groups may adopt 3 different forms depending on their level according to the following:

a)      Level 1. All the submitted photographs will compete, and they will take place every time 1,000 photographs are gathered together, with a prize of 100 US dollars.

b)      Level 2. Only the winners from level 1 contests will compete, and they will take place every time 500 winners from level 1 are gathered together, with a prize of 10,000 US dollars.

c)       Level 3. Only the winners from level 2 contests will compete, and they will take place every time 250 winners from level 2 are gathered together, with a prize of 1’000,000 US dollars.

II.4. The groups of every level will only take place if the required number of photographs submitted by the Users who have decided to participate (the "Participating Users") is gathered. Therefore, only if the required number of photographs for each group submitted by Participating Users is gathered, the Provider will have the obligation to carry out such group and pay the winner the corresponding prize.

II.5. Once the required number of photographs submitted by Participating Users for each group is completed, the Provider will publish a notice in the Web Site and notify the Participating Users by email the day and time in with the voting will be closed. The voting period for the level 1 groups will be of 10 days, for the level 2 groups of 20 days and for the level 3 groups of 30 days. As the voting period is closed, the votes will be automatically calculated announcing the winner according to section II.9. For the purposes of this section, the time will be set according to Time Zone GMT (Greenwich Mean Time).

II.6. Each Participating User may subscribe an unlimited number of photographs; however, there cannot be more than 50 photographs of one contestant in each level 1 group.

II.7. Each photograph can only participate in one group at a time. The photographs that have participated in one or several groups, regardless of the levels or whether they have resulted winners, may be subscribed again to compete in level 1.

II.8. The Provider may set forth categories in which the photographs subscribed for a contest will be grouped together. These categories will remain published in the Web Site, as well as the way in which they will form groups. The Provider may fix that the contests are made of only one category or one or more categories. The policies regarding the categories will be subject to changes that will be published in the Web Site from time to time.

II.9. The voting for the groups will be open to the public in general, they will have no cost and will be submitted through the Web Site. Only Users who have been registered as set forth in section II.2 will be able to vote. Each registered User may submit one vote per day for each contest.

The Participating Users in the contests may vote for other photographs from the same contest in which they participate as well as other contests, with the restriction that they cannot vote for the photographs submitted or subscribed by them.

Except as provided in section II.10, the votes will not be accrued from one level to another.

II.10. The results of every group that takes place will be notified to the Participating Users and the registered Users who have submitted their votes, and will be available to be consulted permanently in the Web Site in the section set for that purpose by the Provider.

Once the voting period is concluded, the winning photograph will be automatically announced, delivering the corresponding prize to the winner according to section II.12.

Should a tie in a level 1 group exist, the Participating User who first subscribed their photograph shall be the winner. If a tie in levels 2 or 3 ever takes place, the photograph with a greater amount of accrued votes from level 1 to the level in which the tie occurred shall be the winner.

II.11. As each photograph is displayed in the Web Site, there shall be an option for the users to report it in case it is considered offensive.

The Provider reserves the faculty to limit, totally of partially, the access to the services of the Web Site to certain Users, as well as to cancel, suspend, ban, or delete certain types of contents through the use of technologic instruments suitable for such purposes, if it is found out that the stored and/or spread information is illegal or that it injures personal property or rights of third parties.

In this sense, if a photograph that has been reported by other Users is indeed considered to be offensive by the Provider, the Provider will have the faculty to delete said photograph and the User will not be entitled to reimbursement for that specific photograph. The Provider may as well block the User’s account to prevent him from subscribing new photographs.

II.12. In order to subscribe a photograph to a level 1 contest, the User shall have a user account in the web site www.paypal.com ("Paypal"). Both the payment of the contestants’ subscription fee and the payment of the prizes to the winners by the Provider shall be made through Paypal.

II.13. The Provider is obligated to fulfill its obligations in Mexico regarding the payment of taxes for the delivery of the prizes, but will not be liable for the contestants’ and/or winners’ obligations regarding the payment of taxes for the receipt of the prizes regardless of the contestants’ country.

II.14. In order to guarantee the correct operation of the contest, 12.8% of each of the deposits made by the users will be destined to integrate the necessary fund for the payment of prizes, reason why this percentage, will be taken as "escrow" for tax purposes, and will not be considered income accumulated by the Provider.

III. Obligations and restrictions in the use of the Web Site and its contents.

The User is obliged to make use of the Web Site in a diligent and appropriate way, observing the following regulations of access and use of the Web Site, and assuming any liability that may arise from their non-fulfillment.

III.1. The User shall not falsify his identity, and in consequence shall state only correct and true information.

III.2. The User shall not cause any damage to any third parties to whose personal information may have access through the Web Site, and shall not take the personal information of other Users of the Web Site breaking the laws regarding the protection of the right to privacy, or make available to third parties, with any purpose, information to which he might have access in the Web Site.

III.3. The User acknowledges and accepts that the use of the Web Site shall be made with strictly personal purposes.

III.4. It is expressly forbidden to the User to authorize third parties to use totally or partially the Web Site, or to introduce or incorporate as his own business activity the contents and services or the Web site.

III.5. It is expressly forbidden the use or application of any of the technical, logical or technologic resources by which the Users may take advantage, directly or indirectly, with or without profit, of the unauthorized use of the contents and/or services of the Web Site.

III.6. The User undertakes to not use the Web Site to carry out any illegal activities, or any activities that are against the morals and good customs or the public order or with illegal or prohibited purposes, or purposes that may be injurious to other persons’ rights or interests.

III.7. It is as well forbidden for the contents spread and stored through the services that are available to the Users of the Web Site, and given by the Users, to:

a) Be false, ambiguous, inaccurate and/or exaggerated, in a way that they can lead to a misconception about their object or the User’s purposes; lead or promote any kind of (i) illegal, slanderous and/or violent conduct, (ii) discriminatory attitudes and/or ideas towards any sex, race, religion, belief, age or condition; or (iii) acts that may develop an unacceptable level of anxiety or fear; include illegal, violent, pornographic or degrading messages, and/or being in any way opposite to the morals and good customs commonly accepted or to the public order.

b) Carry virus or any other computer code, files or programs designed to interrupt, destroy or limit the operation of any software, hardware or telecommunications equipment,

c) According to the applicable legal regulations, be likely to infringe or break other people’s copyrights or any other analog rights, and/or

d) Constitute privileged information and/or elements protected by industrial or intellectual property rights, or information about which they may have a confidentiality obligation.

III.7. The User shall not forge or use false documents with the purpose to mislead other Users about their content.

III.8. Except as otherwise expressly provided, the User acknowledges that the Provider shall not be liable for those services provided by third parties through the Web Site. The exchange of mail and any transaction between the User and the companies who use the Web Site as a means of advertising their contents and/or services (the "Advertisers"), as well as their participation in commercial promotions carried out by them, will be deemed to be made exclusively between the User and such Advertisers. Only the Advertisers will be liable for the images, text and information contained in the advertising insertions placed in the Web Page.

IV. Privacy Policy

IV.1. The Provider will make its best effort to guarantee the confidentiality of the information transmitted and/or stored through its equipments. Notwithstanding the foregoing, the Web Site does not guarantee the privacy and the security in the use of the communication and storage services by unauthorized third parties who access to such services’ content eluding the security measures adopted by the site. The Provider is not liable in any case for damages of any nature that may be caused by the access and in its case the blocking, deleting, change, modification or manipulation in any way of the messages and communications of any kind that unauthorized third parties make from the Users’ contents.

V. Intellectual Property.

V.1. The Provider might, at its sole discretion, deny, withdraw, suspend and/or bock in any moment and without need to give prior notice the access to the contents or the provision or the services to those Users who fail to fulfill these Terms and Conditions and/or the Special Conditions.

V.2. The user, by uploading their photos to compete, retains completely and permanently, their copyrights from it.

MyHobb.com® just uses the images to keep them in the Web Site during the competitions.

The User shall be solely liable for any infringement of the submitted information and/or contents to proprietary or intellectual property rights of third parties, or for its content whether sexual, racial or political, as well as for its origin, use and operation, and the User shall indemnify and hold the Provider harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with the User Information and the breach of third parties’ rights.

The Provider reserves the right, to its sole discretion, to edit, reject or delete the information and/or contents referred to before.

V.3. The User agrees that the use of the Web Site, of the contents and/or services offered by it, takes place, at any rate, under his sole and exclusive responsibility. Therefore, and except as otherwise provided by the law, and exclusively as extensive it may be provided, the Web Site does not guarantee nor take any liability regarding the access and use of the Web Site and/or of the contents and/or the services comprehended therein, and the Provider does not take liability regarding the truthfulness, lawfulness, accuracy, exhaustivity, reliability and utility of the contents, including the transmission, broadcasting, storage, reception, obtaining or access to the contents, and in particular, although in a non exclusive way, for the damages that may be caused by the violation of the law, the morals and good costumes generally accepted or the public order; for the violation or infringement of intellectual and industrial property rights, of contractual agreements of any kind, of personal property rights and of any kind of rights pertaining to any third party as a consequence of the transmission, broadcasting, storage, reception, obtaining or access of the contents.

V.4. The User acknowledges the entitlement of the Provider regarding all of its rights of intellectual or industrial rights, or other analog rights. Furthermore, the User acknowledges and agrees that some contents and services property of third parties are available in the Web Site, whose rights are protected by the applicable regulations regarding intellectual or industrial property. The Provider only authorizes the User to use the intellectual property elements essential for the access and use of the Web Site, according to these Terms and Conditions and/or Special Conditions applicable as the case may be.

V.5. The Provider reserves all the rights regarding the property of the Web Site and its content, and therefore there is not any license or authorization granted other than as expressly specified in these Terms and Conditions, or as the case may be, in the Special Conditions.

VI. Jurisdiction.

VI.1. These Terms and Conditions shall be governed by, and construed in accordance with, the laws, of the United Mexican States, and any claim or controversy arising there from shall be resolved under the laws, and in the courts of jurisdiction of the State of Jalisco, Mexico and the User hereto waives any other venue to which he may be entitled now or in the future due to domicile or other reason.

I accept the Terms and Conditions and the Privacy Policy of myHobb.com

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