Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. This website and its affiliated and related entities (“GCMRA”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of Use and visit this page periodically to review the Terms of Use, because they are binding on you.
- Restrictions on Use, Trademarks & Copyrights – This describes what you can and can’t do with the text, images, and video clips that you find on our web site.
- Linked Sites – We are not responsible for the material on linked web sites.
- Disclaimer – We are providing this web site for illustrations, entertainment and promotional purposes on an “as is” basis without any warranties.
- Limitation of Liability – We are not liable for any damages you may incur from using this web site.
- Submissions – This describes what happens to material that you post on this web site and what you should refrain from posting.
- Contests – This describes some general rules, which apply to the contests that we may run on this web site.
- Indemnification – Your liability, should you violate this agreement, includes indemnification of us and our affiliates.
- Export Control – The export of certain materials to some countries may be prohibited.
- Jurisdictional Issues – You are responsible for compliance with your local laws relating to access to the type of material on our web site. Any lawsuits relating to this web site must be brought in Ohio.
RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS
This site is controlled and operated by Greater Cincinnati Modular Railroad Association. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by GCMRA or by other parties that have licensed their material to GCMRA (“Copyrights”). Unless granted permission by GCMRA, material from www.cincygcmra.org or any web site owned, operated, licensed or controlled by GCMRA may not be used solely for non-personal or commercial purposes and may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Terms of Use Agreement, as well as laws protecting copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, unless granted permission by GCMRA, the use of any such material on any other computer-related environment is prohibited.
LINKED SITES
This site may contain links to web sites operated by third parties (“Linked Sites”). The Linked Sites are provided for your convenience or on a paid advertising basis only and are not an endorsement by GCMRA of the content on such Linked Sites. GCMRA makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked Sites. If you decide to access any Linked Sites, you do so at your own risk.
DISCLAIMER
This web site and the materials associated with this web site are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, GCMRA disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. GCMRA does not warrant that the web site will operate error-free or uninterrupted, that defects will be corrected, or that this web site and/or its server will be free of viruses and/or other harmful components. GCMRA does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this web site. If your use of this web site or the materials, services, text, graphics, and or links associated with this web site results in the need for servicing or replacing equipment or data, GCMRA is not responsible for those costs. The material associated with this web site is provided solely for illustrations, entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, Blogs, or other forums conducted on this site (“Forums”) are not necessarily those of GCMRA or its content providers, advertisers or sponsors and GCMRA makes no representations or warranties regarding that information or those opinions.
LIMITATION OF LIABILITY
In no event shall GCMRA or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this web site and/or the material associated with this web site, or resulting from any information or opinions provided on this web site and/or the material associated with this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not GCMRA or any of its affiliated or related entities are advised of the possibility of such damages.
SUBMISSIONS
Any communication or other material submitted or posted to this web site will be considered nonconfidential and by posting or otherwise submitting any communication or other material, you automatically grant GCMRA a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
GCMRA is not responsible for any material posted on our Forums. You shall not:
- Post any sexually explicit image;
- Impersonate another person or entity;
- Post any content which libels, defames, invades privacy, or is obscene, pornographic, abusive, harassing, hateful, or threatening;
- Post any content which infringes any intellectual property or other right of any entity or person, including, but not limited to violation of copyrights, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- Post any content, which violates any law or advocates illegal activity;
- Advertise or otherwise solicit funds, post any content, which is a solicitation for goods, services or participation in any pyramid schemes, or post any chain letters.
GCMRA does not represent or guarantee the truthfulness, accuracy, and reliability of any communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk. GCMRA might not screen communications in advance and is not responsible for screening or monitoring material posted by users.
GCMRA reserves the right to remove any material that violates the above conditions, is otherwise inappropriate, or does not positively contribute to the forum.
CONTESTS
From time to time, GCMRA may conduct contests. See the Official Contest Rules for rules, which may apply, to particular contests. No Purchase is Necessary to enter a contest conducted by GCMRA. Any contest conducted by GCMRA is open to all persons, 10 years of age or older, except employees of GCMRA and their immediate families (immediate family is defined as a parent, sibling, child or any person residing in the same household as the employee). Contests conducted by GCMRA are void where prohibited and are subject to all federal, state and local laws and regulations.
Any prize awarded in connection with a contest conducted by GCMRA is non-transferable. No substitution or cash equivalent for any prize is permitted, except by GCMRA in its sole discretion. In case of unavailability of any prize, GCMRA reserves the right to substitute a prize of equal or greater value. Taxes, if any, are the sole responsibility of the winner. The odds of winning a contest conducted by GCMRA will depend on the total number of entries received.
GCMRA is not in anyway liable for damage, loss or injury resulting from the award or use of any prize. The winner assumes all liability for injuries caused by or claimed to be caused by his or her participation in a contest conducted by GCMRA. GCMRA reserves the right, in its sole discretion, to cancel or suspend any contest should virus, bugs or other causes beyond the control of GCMRA corrupt the administration, security or proper administration of the contest. GCMRA reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a contest conducted by GCMRA or to be acting in violation of these rules or the Official Contest Rules for any contest conducted by GCMRA. Internet or e-mail entrants must have a valid e-mail address. GCMRA assumes no responsibility for lost, mutilated or misdirected entries. GCMRA is not responsible for late entries, for incorrect, inaccurate or incomplete entry information whether caused by a contestant or by an equipment or technical malfunction or by any technical or human error, which may occur in the processing of the entries in a contest, conducted by GCMRA. An entry that is illegible, incomplete or late will be disqualified. If a prize notification is returned as undeliverable or GCMRA cannot contact the winner for any reason within seven days, the prize may be forfeited and an alternate winner may be selected by random drawing of the remaining eligible entries. Contest entries will be judged by GCMRA, whose decision on winner selection and all other matters relating to this contest are final. By accepting a prize, the winner grants GCMRA permission for the use of their name and biographical information for advertising or promotional purposes without additional compensation, except where prohibited by law. All entries become property of GCMRA and will not be returned.
GCMRA reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of any contest conducted by GCMRA.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless, GCMRA, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of the terms of this Agreement.
EXPORT CONTROL
The United States controls the export of products and information. You agree to comply with such restrictions and not export or re-export any materials associated with this web site to countries or persons prohibited under export control laws. By viewing or downloading any such materials, you are agreeing that you are not in a country to which such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials.
JURISDICTIONAL ISSUES
This site is controlled and operated by GCMRA from its offices in the Commonwealth of Ohio, United States of America. GCMRA makes no representation that materials in this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this web site and the materials associated with this web site may not be legal by certain persons or in certain countries. If you access this web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Ohio, without regard to conflict of law principles. Any action you, any third party or GCMRA bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in the Commonwealth of Ohio, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and GCMRA with respect to the use of this web site and shall not be modified except in writing, signed by an authorized representative of GCMRA.
