1. Acceptance of terms of use
and amendments
Each time you use or cause access to this web site, you agree to be bound by
these terms of use, as amended from time to time with or without notice to
you. In addition, if you are using a particular service hosted on or accessed
via this web site, you will be subject to any rules or guidelines applicable
to the said services, and they will be incorporated by reference within these
terms of use. Please refer to this site's privacy
policy, which is incorporated within these terms of use by reference.
2. The site editor's service
This web site and services provided to you on and through this web site are
provided on an "AS IS" basis.You agree that the site editor exclusively
reserves the right to modify or discontinue provision of this web site
and its services, and to delete the data you provide, either temporarily
or permanently; the site and may, at any time and without notice and any
liability to you, The site editor shall have no responsibility or liability
for the timeliness, deletion, failure to store, inaccuracy, or improper
delivery of any data or information. This is a personal railfan site this
is not sponsored, affiliated, or supported in any way by any railroad.
3. Your responsibilities and registration obligations
In order to use this web site or certain parts of it, you may be required
to register a user account on this web site; in this case, you agree to
provide truthful information when requested, and undertake that you are
aged at least the thirteen (13) or more. By registering, you explicitly
agree to this site's terms of use, including any amendments made by the
site editor from time to time and available here.
4. Privacy policy.
Registration data and other personally-identifiable information that may
be collected on this site is subject to the terms of the site's privacy
policy.
5. Registration and password
You are responsible for maintaining the confidentiality of your password,
and shall be responsible for all usage of your user account, whether authorized
or unauthorized by you. You agree to immediately notify the site editor
of any unauthorized use or your user account or password.
6. Your conduct.
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("content"), made available publicly or privately, shall be under
the sole responsibility of the person providing the content or the person
whose user account is used. You agree that this web site may expose you
to content that may be objectionable or offensive. The site editor shall
not be responsible to you in any way for the content that appears on this
web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree
that you shall not:
(a) provide any content or conduct yourself in any way that may be construed
as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking;
tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable;
pornographic; designed to interfere or interrupt this web site or any service
provided, infected with a virus or other destructive or deleterious programming
routine; giving rise to civil or criminal liability; or in violation of an
applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity;
forge or otherwise seek to conceal or misrepresent the origin of any content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site for the provision of any content or service
in any commercial manner, or in any manner that would involve junk mail,
spam, chain letters, pyramid schemes, or any other form of unauthorized advertising,
without the site editor's prior written consent;
(e) reproduce or redistribute any data (including photos) without express
written permission from the original owner.
(f) provide any content that may give rise to civil or criminal liability
of the site editor, or that may constitute or be considered a violation of
any local, national or international law, including -- but not limited to
-- laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive right and license (including any moral rights or other
necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create derivative works and
compilations, in whole or in part. Such license will apply with respect to
any form, media, technology already known or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant us the license specified in this section 7;
(c) you acknowledge and agree that the site editor shall have the right,
at the site editor's entire discretion, to refuse to publish,
or to remove, or to block access to any content you provide, at any time
and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or made available
on or through this web site. Representations made regarding products and
services provided by third parties are governed by the policies and representations
made by these third parties. The site editor shall not be liable for or responsible
in any manner for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold harmless the site editor and the site editor's
subsidiaries, affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and co-branders,
from any claim or demand, including reasonable attorney's fees, that may
be made by any third party, due to or arising out of your conduct or connection
with this web site or service, your provision of content, your violation
of these terms of use, or any other violation of the rights of another
person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES
OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED
TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND THE
SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED
OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART
OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED
EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR
NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF
ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED
VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR
MAY NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties,
and certain statements in the above disclaimer may not apply to you
as regards implied warranties; the other terms and conditions remain
enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF THE SITE EDITOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST
OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION
ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT
OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING
TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and,
therefore, such limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor's rights, including but not
limited to any and all copyrights, trademarks, patents, trade secrets, and
any other proprietary right that the site editor may have for this web site,
its content, and the goods and services that may be provided. The use of
the site editor's rights. and property requires the site editor's prior written
consent. By making services available to you, the site editor is not providing
you with any implied or express licenses or rights, and you will have no
rights. to make any commercial uses of this web site or service without the
site editor's prior written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that would be
considered a copyright infringement or a violation of your intellectual
property rights, the site editor's copyright agent may be contacted at
the following address:
stanlytle@locodata.info
14. Applicable law
You agree that these terms of use and any dispute arising out of your use
of this web site or the site editor's products or services shall be governed
by and construed in accordance with local laws in force where the headquarters
of the owner of this web site is located, without regard to its conflict
of law provisions. By registering or using this web site and service, you
consent and submit to the exclusive jurisdiction and venue of the location
of the headquarters of the owner of this web site.
15.
Donations
Donations help pay for the expenses of the website and are completly optional.
Donations are non-refundable.
16. Miscellaneous information
In the event that these terms of use conflict with any law under which any
provision may be held invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the original intentions of
the parties in accordance with applicable law, and the remainder of these
terms of use will remain valid and intact; (ii) The failure of either party
to assert any right under these terms of use shall not be considered a
waiver of that party's right, and that right will remain in full force
and effect; (iii) You agree that, without regard to any statute or contrary
law, that any claim or cause arising out of this web site or its services
must be filed within one (1) year after such claim or cause arose, or else
the claim shall be forever barred; (iv) The site editor may assign the
site editor\;s rights and obligations under these terms of use; in this
case, the site editor shall be relieved of any further obligation.