These Terms of Service ("Terms", "Terms of Service", "Agreement", or "Service Agreement") govern your relationship with the Small Train Layouts (smalltrainlayouts.com) Website, Social Media, and related Services (the "Service"). It is important that you read this carefully because you will be legally bound to these terms.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.
The "Service" means (a) Small Train Layouts (smalltrainlayouts.com) website, social media accounts, products and services, secure document storing, administrative and related systems and technologies, as well as the website Small Train Layouts (smalltrainlayouts.com) (the "Site"), and (b) all software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of Small Train Layouts (smalltrainlayouts.com). Any modifications to the Service are also subject to these Terms. Small Train Layouts (smalltrainlayouts.com) reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to Small Train Layouts (smalltrainlayouts.com).
The Service and all contents, including but not limited to text, images, graphics or code are the property of Small Train Layouts (smalltrainlayouts.com) and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own personal non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Small Train Layouts (smalltrainlayouts.com) or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
The Service may contain links to third-party web sites or services that are not owned or controlled by Small Train Layouts (smalltrainlayouts.com).
Small Train Layouts (smalltrainlayouts.com) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Small Train Layouts (smalltrainlayouts.com) 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 websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You are entitled to cease using our Services at any time and for any reason without notice to us.
Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either Small Train Layouts (smalltrainlayouts.com) or our other customers.
In such an event our notice will be via email to all or any of the registered account holders. If you remedy the issues that cause us to send the notice, to our satisfaction, then we will not terminate your access or license to our Services. If you do not remedy the outstanding causes of our termination notice in these circumstances, then we will terminate your account. In the event of such a termination we will provide you with the ability to take your data with you.
There are three very limited circumstances in which we will be unable to send notice to you prior to terminating your access to our Services: (i) you are in material breach of these Terms in such a way as to immediately and seriously endanger us and other users; (ii) we are unable to send you notice because this would cause us legal liability or a disruption to our Service; and (iii) we are unable to notify you due to law. If we terminate your account for the reasons outlined in i-iii, then we will work with you to ensure you retain copies of your data, wherever permitted by law.
All provisions of the Terms shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.
Small Train Layouts (smalltrainlayouts.com) its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Small Train Layouts (smalltrainlayouts.com) makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Small Train Layouts (smalltrainlayouts.com) its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Small Train Layouts (smalltrainlayouts.com) chooses not to immediately act, or chooses not to act at all, Small Train Layouts (smalltrainlayouts.com) will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Small Train Layouts (smalltrainlayouts.com) does not waive any of its rights. Small Train Layouts (smalltrainlayouts.com) shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the State of Queensland and the laws of Australia, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
This page has been last updated on 17 June 2023.