The RAILROAD.NET
web site (the "Site") is an online information service provided
by The Railroad Network (“RRNET”), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. RRNET MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
- Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark laws protect the
entire contents of the Site. The owners of the intellectual property,
copyrights and trademarks are RRNET, its affiliates or other third party
licensers. UNLESS SPECIFICALLY PERMITTED ON DIFFERENT AREAS OF THE SITE,
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to RRNET a non-exclusive, royalty-free, worldwide, sub licensable, perpetual
license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as forums, links, or events) or
by e-mail to RRNET by all means and in any media now known or hereafter
developed. You also grant to RRNET the right to use your name in connection
with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against RRNET for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to RRNET.
If you believe that content appearing on the Site constitutes copyright
infringement of another party's rights, please contact
us.
- Trademarks
The Railroad Network logo, and/or any other names of RRNET, RAILROAD.NET,
or its Web sites, events, publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or service
marks of RRNET, including the "look" and "feel"
of the Site, RAILROAD.NET’s color combinations, layout, and all
other graphical elements. Any use of RRNET’s trademarks is strictly
prohibited without express permission from RRNET. Other product and
company names mentioned in the Site may be the trademarks of their respective
owners.
- Use of the Site
You understand that, except for information, products or services clearly
identified as being supplied by RRNET, RRNET does not operate, control,
or endorse any information, products or services on the Internet in
any way. Except for RRNET identified information, products or services,
all information, products and services offered through the Site or on
the Internet are generally offered by third parties that are not affiliated
with RRNET. You also understand that RRNET cannot and does not guarantee
or warrant that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
RRNET offers a search feature within the Site. RRNET explicitly disclaims
any responsibility for the content or availability of information contained
in our search index or directory. RRNET also disclaims any responsibility
for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
- Transmit any message, information, data, text, software
or images, or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or otherwise objectionable that may invade
another's right of privacy or publicity;
- Impersonate any person or entity, including but not limited
to, an RRNET official, forum leader, guide or host or falsely state
or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any Material that you do not have a
right to reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements);
- Post or transmit any Material that contains a virus or
corrupted data;
- Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication feature;
- Use the Site’s communication features in a manner
that adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or flooding continuous
posting of repetitive or unrelated text);
- Post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam," "chain
letters," "pyramid schemes";
- Violate any applicable local, state, national or international
law;
- Upload or transmit any Material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of
any party;
- Delete or revise any Material posted by any other person
or entity;
- Manipulate or otherwise display the Site by using framing
or similar navigational technology, or
- Register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party for
any RRNET product or service if you are not expressly authorized
by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. RRNET PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND RRNET SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR OFFENSIVE TO YOU. YOU ACCESS
SUCH MATERIALS AT YOUR RISK. RRNET HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL RRNET BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF RRNET OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, RRNET’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
- Equipment
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
- Indemnification and Reservation of Rights
You agree to indemnify, defend and hold harmless RRNET, its officers,
directors, employees, agents, licensers, suppliers and any third party
information providers to the Site from and against all losses, expenses,
damages and costs, including attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you or
your use and access of the Site.
RRNET reserves the right to release current or past member or Web site
user information if RRNET is subpoenaed and/or if RRNET deems it necessary
and/or appropriate.
- Third Party Rights
The provisions of paragraphs 3 (Use of the Site) and 5 (Indemnification)
are for the benefit of RRNET and its officers, directors, employees,
agents, licensers, suppliers, and any third party information providers
to the Site. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on its own
behalf.
- Term; Termination
Either party without notice may terminate this Agreement at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third
Party Rights) and 11 (Miscellaneous) shall survive any termination of
this Agreement.
- Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
- Dealings with Third Parties
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the 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 third party. You agree that RRNET shall not be responsible
or liable for any loss, damage or other matters of any sort incurred
as the result of any such dealings.
- Links
The Site may provide, or third parties may provide, links to non-RAILROAD.NET
Internet World Wide Web sites or resources. Because RRNET has no control
over such sites and resources, you acknowledge and agree that RRNET
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that RRNET shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services available on or
through any such site or resource.
- Events
We cannot guarantee the accuracy of events listed in our database, as
they are submitted by our visitors. We advise you to contact the event's
sponsor to confirm this information.
- Abuse
RAILROAD.NET is a public community. As such, members may encounter objectionable
opinions and/or links to objectionable content. We take steps to limit
the possibility for abuse, but we cannot be liable for the opinions
expressed by our members. Use this web site at your own risk. If you
have concerns about abuse, please contact
us immediately.
- Miscellaneous
This Agreement shall all be governed and construed in accordance
with the laws of the State of New York, United States applicable to
agreements made and to be performed in the State of New York, United
States. You agree that any legal action or proceeding between RRNET
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in the County of Monroe, State of New
York, United States.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. RRNET’s failure
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. RRNET may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
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