Welcome to hobbyDB! You may have come here from one of our subsidiary sites, partner site marketplaces, or partner site databases (including poppriceguide.com and thetoypeddler.com). All of these instances are part of the hobbyDB ecosystem, and the following terms and conditions apply. If you have any questions, send us a message, here.
These terms and conditions apply to the services available from the domain and sub-domains of 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 13 April 2021 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.
At hobbyDB, we want to ensure we are an inclusive place where people feel comfortable to discuss our shared passions for collectibles and all things related to the hobby. We appreciate a respectful diversity of opinion, as this is what continues to make the hobby fun and why some folks stay in the hobby for years.
We ask to restrict our conversations to things that are going to unite us and not divide us. Above most, we ask that our members conduct conversations and actions on the platform in a respectful manner. Any disrespectful, violent, or aggressive language will not be tolerated, and these messages will be removed. It's important that hobbyDB remains a safe space where we can have fun and celebrate our love for collectibles.
While using the Site, you will not:
- post, list or upload content or items in inappropriate categories or areas on the Site;
- breach any laws, sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- breach our policies;
- fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item or a clear typographical error is made;
- fail to deliver items purchased from you, unless the buyer fails to meet your listing terms;
- manipulate the price of any item or otherwise interfere with other users' listings;
- circumvent or manipulate hobbyDB's fee structure, the billing process, or fees owed to hobbyDB;
- post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
- take any action that may undermine the feedback or ratings systems; transfer your hobbyDB account (including feedback) and/or User ID to another party without our express consent; distribute or post spam, chain letters, pyramid schemes or any other content intended to derive revenue, fraudulently or otherwise;
- distribute viruses or any other technologies that may harm hobbyDB, or the interests or property of hobbyDB users;
- record collectibles in the database or sell items depicting or representative of inappropriate content including but not limited to excessive violence, marginalization of individuals or groups of people, and genitalia;
- copy, modify, or distribute hobbyDB's copyrighted works or trademarks, or other content from the Site, without our express consent; or
- harvest or otherwise collect information about users, including email addresses, without their express consent.
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 canceling 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 have grounds to believe that you are intentionally creating problems (including, without limitation, by harassing hobbyDB staff or other users) or exposing us or another hobbyDB user to financial loss or legal liabilities;
- we have grounds to believe that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
- despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us.
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 Private 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 on in your Settings section.
Using information about other hobbyDB users
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:
- hobbyDB-transaction-related purposes that are not unsolicited communications of any sort;
- using services offered through hobbyDB; and
- any other purposes that the users have expressly agreed to.
Usernames, Avatars & Banners
Your Username is the name by which you choose to be known on the Site when registering. Your avatar is the image that appears on your profile by your Username and/or the image which appears on your store homepage if you have a store. Your banner is on the top of your Showcase. In registering, you agree not to do so under a Username which is:
- identical to, or could reasonably be deemed an approximation of, any copyrighted name, trademark or trading name not held by yourself or an entity on behalf of which you are directly contracted to operate;
- identical to, or could reasonably be deemed an email address or website address;
- any word or words or any approximation of any word or words that could reasonably be deemed offensive in any language;
- a phrase or compound word which incorporates any word or words or any approximation of any word or words that could reasonably be deemed offensive in any language;
- any word, words, name or names or any approximation of any word, words, name or names that are intended (or could reasonably be believed to be intended) to mock, harass, belittle or otherwise upset other hobbyDB users or users of the general public;
- any word, words, name or names or any approximation of any word, words, name or names intended to convey (or which could reasonably be believed to be intended to convey) political or other beliefs or any opinions of any sort, in particular (but not limited to) any viewpoints, beliefs or opinions (political or otherwise) that could potentially offend other hobbyDB users or any users of the general public; and
- Furthermore, you agree not to upload as an avatar any picture to which you do not own the copyright, any image which includes or depicts an email address, URL, telephone number or any other contact details. You also agree not to upload as an avatar any image of an adult or offensive nature or which could potentially cause offense to any other hobbyDB users or any users of the general public.
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 or banner violates these conditions, we will inform you of this, delete your avatar or banner and replace it with the site's standard avatar placeholder.
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. Referral Credits 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 the community member.
When you give us content, you grant us a non-exclusive, 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.
Offensive and inappropriate content
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 for now 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 sometimes referred to as an online auction website, 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 a 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:
- the quality, safety or legality of items advertised;
- the truth or accuracy of listings;
- the truth or accuracy of feedback or other content posted by users on the Site;
- the ability of sellers to sell items;
- the ability of buyers to pay for items; or
- whether a buyer or seller will actually complete a transaction.
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 the 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.
hobbyDB Partner Fees
As a seller on the hobbyDB marketplace, you agree to pay the associated fees for each sale -
- Maximum of 5% hobbyDB Partner Fee on each sold transaction
- The usual PayPal processing fee
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.
Access and interference
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:
- take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of hobbyDB and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
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.
Governing law and dispute resolution
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 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.
Agreement to Arbitrate
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.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND HOBBYDB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HOBBYDB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
- Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to hobbyDB should be sent to hobbyDB Corp., Attn: Legal Department, 2405 Broadway St, Boulder CO 80304. hobbyDB will send any Notice to you to the physical address we have on file associated with your hobbyDB account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and hobbyDB are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or hobbyDB may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to hobbyDB at the following address: hobbyDB Corp., Attn: Legal Department, 2405 Broadway St, Boulder CO 80304. In the event hobbyDB initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your hobbyDB account. Any settlement offer made by you or hobbyDB shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or hobbyDB may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and hobbyDB subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or hobbyDB may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Colorado, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same hobbyDB user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, hobbyDB will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse hobbyDB for all fees associated with the arbitration paid by hobbyDB on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
- Opt-Out Procedure
IF YOU ARE A NEW HOBBYDB USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO HOBBYDB CORP, 1500 S VONA CT, SUPERIOR, CO 80027. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against hobbyDB prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and hobbyDB. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on hobbyDB.com at least 30 days before the effective date of the amendments and by providing notice through a hobbyDB site message and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes
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.
Claims of Infringement
Please check our DMCA Policy for more information.
- HobbyDB Corp is located at 1500 S Vona Ct, Superior, CO 80027, USA. Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.
- Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
- We may amend this User Agreement at any time by posting the amended terms on hobbydb.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Additionally, we will notify you of significant changes through a site message and/or by email. Your continued access or use of our services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a hobbyDB representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
- The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the hobbyDB site.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
- The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.