Terms and Conditions
Use of the Warmrails Website
You agree to use the Warmrails site only for lawful purposes:
(1) Specifically you agree not to do any of the following at, to, through or from the Warmrails Website:
- communicate, upload or transmit any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
- violate the legal rights (including intellectual property rights and the rights of publicity and privacy) of others or violate the laws of any jurisdiction;
- intercept or attempt to intercept electronic mail not intended for you;
- misrepresent an affiliation with any person or organization;
- collect information about others;
- restrict or inhibit use of the Warmrails Website by others;
- upload or otherwise transmit files that contain a virus or corrupted data;
- upload to or transmit any advertisements or solicitations of business;
- post "spam," transmit chain letters or engage in other similar activities; or
- engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Warmrails Website, or which may harm Warmrails or users of the Website or expose them to liability.
(2) Any content and/or opinions uploaded, expressed or submitted to the Warmrails Website, other than the content provided by Warmrails, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Warmrails. You agree that you are responsible for submitted content, and you, not Warmrails, bear the full responsibility for such content. By uploading or otherwise transmitting material to the Warmrails Website, you represent and warrant that the material is free of any and all proprietary or other restrictions and that you have the right to transmit it to the Website.
(3) Warmrails reserves the right to remove any material that Warmrails, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Warmrails has been notified, or has reason to believe, constitutes a copyright infringement. Warmrails further reserves the right to cancel the account of any individual Warmrails reasonably believes is engaged in violative conduct.
The terms Warmrails® and the associated logo(s) are trademarks of Warmrails. You may not use such marks without Warmrails' prior written permission. All other logos, slogans, trade names, brands and marks on the Warmrails Website are for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
Privacy; Protection of Personal Information
Links to Other Sites; References to Third Parties
The Website contains links to other websites on the Internet. Warmrails is not responsible for and does not endorse the content, products, services or practices of any third party websites, including, without limitation, sites framed within the Website or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.
Limitation of Liability
THE WEBSITE , INCLUDING ANY INFORMATION AVAILABLE THEREON, IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS. NEITHER WARMRAILS NOR ANY PERSON ASSOCIATED WITH WARMRAILS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WARMRAILS WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER WARMRAILS NOR ANYONE ASSOCIATED WITH WARMRAILS WARRANTS OR REPRESENTS THAT THE WARMRAILS WEBSITE OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WARMRAILS WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WARMRAILS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WARMRAILS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WARMRAILS, OR THIRD PARTIES AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WARMRAILS NOR THIRD PARTIES OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WARMRAILS'S OR ANY THIRD PARTIES' DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID WARMRAILS FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO DETERMINE THIS.
You agree to indemnify and hold harmless Warmrails and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Website or the delivery of products, services or information over the Warmrails Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs of litigation,, arising from any violation by you of this Agreement or your use of the Website or any products, services or information obtained from this Website.
Comments and Submissions
Warmrails welcomes your comments. If you choose to comment or provide Warmrails with material through the Website or email, you agree to grant Warmrails and Warmrails' respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to (a) use, copy, publicly perform, digitally perform, publicly display, and distribute any such comments or other material ("Content") and to (b) prepare derivative works based on, or incorporate into other works, such Content, with or without attribution. You understand that all your Content may be visible to, sent to, and viewed by all other users of the Website, and you expressly waive any privacy rights you may otherwise have to your Content. You agree to allow Warmrails, if so elected in Warmrails' sole discretion, to email your Content to other users or use your Content in Warmrails' advertisements.