J&C Studios Terms and Conditions
By using or accessing JCStudiosInc.com (the "Site"), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all these Terms carefully. The Terms constitute a legally binding agreement between you and J&C Studios ("J&C Studios", "we", "us" or "our").
Purpose
The J&C Studios site is a place where hobbyists with an interest in O Scale modeling, scenery, track/layout design, table benchwork, electronics, lighting, and anything else related to the hobby and craft of model railroading in an O scale or O gauge setting, can post content related to these interests.
The intended use of this site is for individual hobbyists to have a dedicated place where they can post articles, how-to's, tutorials, and showcases of their works. It is the intent of J&C Studios to keep all posted content forever, as a permanent archive, although we are unable to make any guarantees to that effect. Please keep this in mind when posting content: this is not a discussion board. The expected use of this site is for you to post topics about your train layout, or a train layout that you are involved in, and any projects related to that train layout. You are encouraged to post replies to others' topics in the spirit of asking questions, offering suggestions, asking for or offering help, and generally engaging in positive, constructive dialog with other fellow hobbyists.
J&C Studios reserves the right - at our sole discretion - to remove any content from the site at any time if we deem it to be inappropriate, offensive, or not in the spirit of these terms and conditions.
Guests
As a guest on this site, you are free to read and examine all of the content that is made public by the normal use of these pages. You are not permitted to retrieve information from this site and use it elsewhere, including but not limited to:
- Contact lists (e.g. mailing lists)
- Copying content (prose, photos, videos, url links, etc.) and re-posting or re-publishing elsewhere
- Copying or downloading graphics, fonts, symbols, or other design and layout elements for use elsewhere
The content of posts by individual members on this site is the copyright of the member, except where expressly stated otherwise. If you wish to replicate or quote, in whole or in part, any part of the content posted by a member of this site, it is your duty to request permission from that member prior to replicating or quoting. This applies to prose, photos, artwork, videos, and anything else that constitutes member-submitted content on this site.
Members
All content that members post on this site is the responsibility of the member. You are the copyright holder of your own content, and J&C Studios does not own nor control your material. You are free to replicate, re-post, or re-publish, in whole or in part, anything that you publish on this site.
You do not have the right to replicate, re-post, or re-publish the content of other members of this site. A mild exception to this is granted when quoting a specific section of previously-posted content when posting a response to that content, but we ask that you use careful discretion when doing that.
Photo Hosting
The J&C Studios site has been established to provide a permanent archive of some of the better topics and articles related to the O Gauge hobby. It is our intention to never delete any content from the J&C Studios site. Because of this, we ask that when you are including photos or images in your topics, please take care to ensure that those images are hosted somewhere that can be trusted to host them, using the same URL, forever, and with no bandwidth limitations. If the text of your article is kept on J&C Studios forever, but your images become broken links after a few months or years, then the quality of your original article is of course diminished.
J&C Studios allows members to upload and host photos and images so that they can be retained (with the same URL) forever, so that any images you display in your topics will also always be there for posterity. So the intent of using the J&C Studios site for hosting photos is really to support our mission of creating a permanent archive of quality O-Gauge topics, and ideally we prefer you to be hosting images related to your posts on the J&C Studios site. That said, we don't mind if you host occasional images that are for some other purpose (provided the images are not obscene, pornographic, or otherwise distasteful of course), but we appreciate your diligent efforts to minimize non-O-gauge related content. The more off-topic imagery that is hosted on the J&C Studios site, the less space there is for on-topic imagery, and internet server space is a resource that we as a collection of members need to conserve, so that we can all continue to enjoy this service for free.
There is a space limit per member for hosted images - currently 20 Megabytes. If you exceed this, then the system will not permit you to upload any more images until you delete some of your photos to create enough room for others. If this happens to you, please contact us (support@jcstudiosinc.com) so that we can find more space for you. We expect to raise this 20 MB limit per member over time as server space becomes less expensive.
Disclaimer
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
Limitation of Liability
IN NO EVENT WILL THE SITE, JCStudiosInc.COM, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE J&C STUDIOS GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00 IN THE AGGREGATE.
Release
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE J&C STUDIOS GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity
You hereby agree to indemnify, defend and hold the Site and any member of the J&C Studios Group (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the site (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE or any breach by you of these Terms or the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Miscellaneous
These terms constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
Amendments
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
Responsibility for user-contributed content
We have no duty to pre-screen content posted on the Site by members or other users, (collectively, "user-contributed content"), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or by a third party, that any other requirements governing the posting of such content, has/have been apparently breached in respect of that user-contributed content.
All content published on the Site is submitted by members and is the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the postings, photos, videos, links to external websites, reviews, etc. Members are solely responsible for the accuracy, relevance, and appropriateness of their individual content on the Site. We do not represent or warrant that any of the copy, content, reviews, photos, videos, links, or any other information published on the Site is accurate (or up-to-date). Members are solely responsible for ensuring the accuracy and authenticity of any and all of their own content. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.
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