Last updated 21st December 2022.
Welcome to modelrailwayline.com, the website and online service of Model Railway Line ("Model Railway Line", "we", "us" or "our"). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Agreement") and to the collection and use of your information as set forth in the Model Railway Line Privacy Policy (https://www.modelrailwayline.com/privacy-policy/), whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Please take the time to read this Agreement carefully before using the Service to ensure that you understand each provision.
Content of the Service
The Service provides information around the topic of model trains including articles, deals, price comparisons and reviews. It is provided in good faith, however no information on the Service should be considered complete, reliable, true or accurate.
Information on the Service does not constitute any form of advice, recommendation, representation or endorsement by us and is not intended to be relied upon by you in any way or for any purpose. You should always carry out your own research into any information expressed on the Service prior to making decisions regarding the purchasing of any products or services.
Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights and photographs (the "Model Railway Line Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Model Railway Line its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Model Railway Line Content. Use of the Model Railway Line Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Suggestions"). By submitting any Suggestion, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Model Railway Line under any fiduciary or other obligation, and that we are free to use the Suggestion without any additional compensation to you, and/or to disclose the Suggestion on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Model Railway Line does not waive any rights to use similar or related ideas previously known to Model Railway Line, or developed by its employees, or obtained from sources other than you.
User Accounts
Your Model Railway Line account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Accounts are for individuals only and sharing accounts with multiple people, including people at the same organization, is strictly forbidden and will result in you losing access to the account without refund.
We may maintain different types of accounts for different types of Users. If you open a Model Railway Line account on behalf of an organization, Company, or other entity, then (i) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
When creating your account, you must provide complete and accurate information. You must notify Model Railway Line immediately of any breach of security or unauthorized use of your account. Model Railway Line will not be liable for any losses incurred as a result of unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your Account page. By providing Model Railway Line your email address you consent to our using the email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out by changing your preferences in your Account page or by clicking on the unsubscribe link at the bottom of any marketing email that you receive from us. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Subscriptions and Paid Services
Model Railway Line accepts certain credit cards and will automatically charge your selected credit card for all applicable fees on a monthly or yearly basis, depending on which plan you select, until you or we cancel your account. The account fee will be billed when you first choose to open an account and each month or year (depending on which plan you choose) thereafter unless and until you cancel your membership. Account charges are fully earned upon payment and there are no refunds or credits for partially used months or years, as applicable. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke access to your Model Railway Line account.
All information that you provide in connection with a monetary transaction through the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction through the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any monetary transactions.
If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your Account page. If your credit card reaches its expiration date, your continued use of Model Railway Line constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
You may cancel your Model Railway Line account at any time. However, there are no refunds for cancellations. If you cancel before the end of your billing cycle you have access to your account for the remainder of the billing cycle. In the event that Model Railway Line suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Third-Party Links & Ads
The Service may display advertisements for, or link directly to, third-party websites or services that are not owned or controlled by Model Railway Line. We do not control these websites or services and cannot accept any responsibility for the accuracy, reliability, truthfulness or completeness of any content on any third-party website or service. We do not endorse the sites we link to. When you visit third-party websites you will be bound by their Terms and Privacy Policy, not ours. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and the Model Railway Line Privacy Policy do not apply to your use of such sites. You expressly relieve Model Railway Line from any and all liability arising from your use of any third-party website, service, or content.
Affiliate Links
Some of the links on the Service are affiliate links. These are links that take you directly or indirectly to a retailer or service provider and which may result in us receiving a fee or commission as a consequence of you clicking through to its site or purchasing a product or service from it.
Linking to the Service
You must not link to the Service in any way that suggests any form of association, approval, endorsement, or recommendation on our part where none exists.
The Service must not be framed within any other website or rendered within an iframe.
The Service must not be linked to from any website that contains content that could be considered distasteful or offensive in any way.
We reserve the right to withdraw linking permission without notice.
User Responsibilities and Conduct
You agree that you will not:
- Use manual or automated software, devices, scripts, robots, or any other means, to access, scrape, or crawl the Service.
- Use automated scripts to collect information from, or otherwise interact, with the Service.
- Access or use the Service to expose, or allow to be used or exposed, any content that is not publicly displayed by us.
- Use, display, mirror or frame the Service, or any individual element of the Service, including the text content, layout, design and logo, without our express written consent.
- Use or access the Service in any way that is inconsistent with these Terms or Privacy Policy.
Limitation of our Liability
The Service is only provided for domestic and private use. You agree not to use the Service for any business or commercial purposes, and we have no liability to you for any loss of business, loss of profit, business interruption, or loss of business opportunity.
We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or change all or any part of the Service without notice. We will not be liable to you if the Service is unavailable at any time or for any period for any reason. We do not guarantee the Service will be delivered uninterrupted or error-free, or that the Service will be free from viruses or other harmful properties.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.
Controlling Law and Jurisdiction
This Agreement and any disputes or claims arising out of or in connection with the Terms and Conditions that make up this Agreement or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
Resolving Disputes
If you reside in the United States, you and we agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or infringement of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Changes
This Agreement is effective from 21st December 2022. The Agreement may be updated at any time. Any changes we make to the Agreement will be posted on this page (https://www.modelrailwayline.com/terms/). It is your responsibility to check back frequently and familiarise yourself with any changes to the Agreement. Changes posted on this page will become effective as soon as they are posted. By continuing to use the Service you are agreeing to be bound to the new Agreement.