Whiteboard - Terms of Use |
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Welcome to our Whiteboard/WebMeeting Facility.
A facility for modellers to help and assist and encourage others in enjoying modelling.
Please read this Terms of Use Agreement ("Agreement") carefully before using this Whiteboard Website ("Web-site"), a Web-site provided by TRAINAIDSA.COM. We may make changes to this Agreement and to our Web-site, services, and products, without notice, as necessary, from time to time. Such changes shall be effective immediately upon going live on the Web-site. Use of this Web-site means that you agree to this Agreement and Terms of Service, Privacy Policy, with their future amendments.
We provide our service to you subject to these Terms of Service and
Privacy Policy,
which may be updated by us from time to time, without notice.
Open Access
We allow open access to people to view current and past sessions as
archived. We do not guarantee the privacy of information used by any
participant. Please use your own discretion in divulging information
during the Whiteboard or Chat sessions as the information is open and
not protected from copying or from being used by anyone. The site has
been created primarily for the convenience of group and public
discussions to assist modellers. Any information that is considered
private may be communicated outside the Whiteboard and accompanying
chat sessions. TRAINAIDSA will not be responsible for any loss directly
or indirectly caused to any party due to such release of their or any
information. TRAINAIDSA.COM also cannot guarantee to remove any
information from their archives and will do so only if a request is
received in writing and is considered acceptable by TRAINAIDSA.COM.
TRAINAIDSA's decision will be final and TRAINAIDSA will not be liable
for any damages caused to any party due to the presence of any
such information on their Web-site.
General Compliance with Laws
All users shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Web site. You undertsand that our materials are protected by copyright law and agree that you will not reprint, republish, or distribute any information in any form that may be on or created by the use of the Web-site, at any time now or in future.
Content Created and Used By Users
You may post and share comments and content for and with other users through the Web-site for the purposes related to hobbies of making scale models. By using the Web-site, you agree not to display, write or communicate, upload, post, transmit, cause the display or performance of, or otherwise make available any content that violates any local, state, national, domestic or international law and is construed or is:
- harmful, threatening, abusive, harassing, torturous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
- is obscene, pornographic, excessively violent or conveys any of these impressions directly or indirectly;
- is harmful to minors or depicts minors or others engaged in sexually explicit conduct or in a sexually explicit manner;
- is illegal in any jurisdiction that allows use of internet;
- is torturous, defamatory, libelous or invasive of another’s privacy or rights;
- infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
- is prohibited under law, contractual or fiduciary relationships;
- includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
- bears any false, disguised or misleading origin;
- contains software viruses or any other computer code, files, programs or malware designed to destroy, interrupt, interfere with or otherwise limit the functionality of any computer software, computer hardware or other equipment, or gain unauthorized access or collect data.
All messages, information, digital files or other materials, whether posted, displayed or included in any form during the use of the Web-site, are the sole responsibility of the person who sends, displays or creates such items on or for the Web-site. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, chat, transmit or otherwise make available via the Web-site. TRAINAIDSA reserves the right to, but is not bound to, monitor or screen the content posted and/or displayed or performed on the Web-site and to remove any content in its sole discretion as soon as noticed or at a later date. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF TRAINAIDSA OR THE WEB-SITE, AND ALSO THAT YOU TRANSMIT, IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEB-SITE AND THE SERVICES PROVIDED THEREBY.
Under no circumstances will TRAINAIDSA or its operators or service providers, be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, displayed, communicated or otherwise made available, or distributed via the Web-site or its use.
Disclaimers
Your use of the Web-site is at your own risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. TRAINAIDSA makes no warranties the service will meet your requirements or expectations, that the service will be error, trouble free or secure and that errors or omissions will be corrected. TRAINAIDSA makes no warranties or representations as to the materials, information, products, and services included in the discussions held on the Web site and assumes no liability or responsibility for any errors or omissions therein. TRAINAIDSA expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose.
TRAINAIDSA disclaims any warranties regarding the security, reliability, timeliness, and performance of its service and assumes no liability or responsibility for any errors or omissions therein. TRAINAIDSA shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.
TRAINAIDSA also assumes no responsibility, and shall not be liable
for,
any damages to, or viruses that may infect, your computer or other
equipment, work or items and devices that you use,
data or operational loss or
of any other property on account of your access to, use of, or browsing
in the
Web site or your downloading of any materials from the Web-site.
No advice or information, whether oral or written, obtained by you
from TRAINAIDSA, its operators, its service providers or owners or from the service and
Web-site shall create any warranty not expressly stated in the Terms of
Service.
Linking
The Web-site may include links to other Internet sites solely for marketing of TRAINAIDSA products and services, or products and services being marketed through TRAINAIDSA, as a convenience to users of its Web site or for advertising purposes. Such links do not imply any endorsement of these linked web sites or the information, material, products, or services contained on or accessible from these web sites. Users access and use such web sites, including information, material, products, and services therein, solely at the users’ own risk. TRAINAIDSA is also not responsible for the privacy practices or content of such other linked sites.
Advertisers
TRAINAIDSA may include pop-up ads, banner ads, or other third party
advertisements. Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Web-site, including payment and delivery of related goods or services,
and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
TRAINAIDSA
shall not be responsible or liable for any loss or damage of any
nature, directly or indirectly, incurred as
the result of any such dealings or as a result of the presence of such
advertisers on the Web-site.
Indemnification
You agree to indemnify and hold TRAINAIDSA and its operators, or service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Web-site or your violation of the Agreement.
Jurisdiction
This Terms of Use and Privacy Agreement will be governed and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action based on or alleging a breach of this Agreement shall be brought only in a state or federal court located in The United States of America. If we prevail in any such action, we shall be entitled to also recover our legal fees and costs.
General
If for any reason a court of competent jurisdiction finds any portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements, written or oral, regarding such subject
matter. Any waiver of any provision of the Agreement will be effective
only if in writing and signed by TRAINAIDSA, its operators or service providers.
Contact Information
If you have any questions, concerns, suggestions or comments about our Terms of Use, you may contact us using the information below:
by e-mail at: info [at] trainaidsa [dot] com
We reserve the right to make changes to these terms at any time. Any changes to these terms will be posted and incorporated in this statement.
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