Terms of Service

Introduction

Welcome to Trainz Portal. Trainz Portal is a place to find all of your Trainz and train related content online. Whether you are in to prototypical routes, creating new content from your imagination, sharing those creations, or enjoying high quality images of real world trains, Trainz Portal makes it easy to discover and share these elements and many more online.

The following document outlines the Terms of Service on the use of the Trainz Portal website and other associated Services. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the Trainz Portal services, you are required to read, understand and agree to these terms. The left hand column provides a summary of each section of the Terms of Service and is not legally binding.

By using Trainz Portal & Trainz products online features, you agree to all the terms below.

Acceptance of Terms of Service

These Terms of Service (‘Terms’) govern your (‘User’ or ‘Users’) access to and use of the Services, including our various websites, forums, applications, email, notifications, widgets, ads (the ‘Services’), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as ‘Content’).

Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms, which may be updated or changed at any time without prior notice by N3V Games Pty. Ltd. (also referred to as ‘Trainz Portal’). By accessing or using the Services you agree to be bound by these Terms. Your continued use of these Services implies your consent to these Terms. You are responsible for reviewing these Terms of Service on a regular basis. Your use of these Services following any amendment of these Terms of Service will signify your acceptance of its revised terms.

We're constantly updating Trainz Portal and it's services to bring you new and exciting features.

To fully use our services, you need to be of legal age and honest about your identity.

We want to be able to tell you about the new DLC or new versions of Trainz being made, this section helps us do that.

Basic Terms

The Services that Trainz Portal provides are always evolving and the form and nature of these Services that Trainz Portal provides may change from time to time without prior notice to you. In addition, Trainz Portal may stop (permanently or temporarily) providing these Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

You are responsible for your use of these Services, for any Content you post to these Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of these Services. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Trainz Portal. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

These Services may include advertisements, which may be targeted to the Content or information on these Services, queries made through these Services, or other information. The types and extent of advertising by Trainz Portal on these Services is subject to change. In consideration for Trainz Portal granting you access to and use of these Services, you agree that Trainz Portal and its third party providers may place such advertising on the Services or in connection with the display of Content or information from these Services whether submitted by you or others.

You must comply with Trainz Portal’s Community Guidelines, available here.
You must be at least 13 years old to use these Services.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via these Services.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license, or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Trainz Portal prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Trainz Portal upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Trainz Portal users.
You are responsible for keeping your password secret and secure.
You will not engage in any activity that would threaten or exploit vulnerabilities in these Services, and if any such situation should arise that you will take appropriate steps to contact Trainz Portal staff to let them know of the situation.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information about yourself or others via the Services provided, including without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Services provided for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local, and provincial) applicable to your use of these Services and your Content, including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post, or display on or via these Services.
You must not change, modify adapt or alter these Services or change, modify or alter another website so as to falsely imply that it is associated with Trainz Portal or its Services.
You must not access Trainz Portal’s private API by means other than those permitted by Trainz Portal. You must not access N3V Games Pty. Ltd.’s private global API by means other than those permitted by Trainz Portal.
You must not create or submit unwanted email, comments, likes or other forms of commercial harassing communications (a.k.a ‘spam’) to any Trainz Portal users.
You must not use domain names or web URLs in your username without prior written consent from Trainz Portal.
Usernames must contain only the following characters ‘A - Z’ and ‘0 – 9’ and you must not knowingly or intentionally take a username with the purpose of disrupting these Services.
You must not interfere or disrupt these Services or servers or networks which connect to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive, disruptive, or malicious nature. You may not inject content or code or otherwise alter or interfere with the way any Trainz Portal service is rendered or displayed in a user’s browser or device, or that might damage any Trainz Portal application or other additional Services.
You must not create accounts with or for these Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.
You must not attempt to restrict another user from using or enjoying the Services provided and you must not encourage or facilitate violations of these Terms of Service or any other Trainz Portal terms.
Violation of these Terms may, in Trainz Portal’s sole discretion, result in termination of your Trainz Portal account. You understand and agree that Trainz Portal cannot and will not be responsible for the Content posted on these Services and you use these Services at your own risk. If you violate the letter spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Trainz Portal, we can stop providing all or part of these Services to you.
Deletion of accounts, either through User request or violation of these terms, is solely at the discretion of Trainz Portal.

You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

We need your information to personalize these services and create and maintain your account. We'll take care of any information you give us and won't abuse it.

Privacy

Trainz Portal respects the privacy and security of our Users. Any information that you provide to Trainz Portal is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of these Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Trainz Portal. As part of providing you these Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Trainz Portal account, which you may not be able to opt-out from receiving.

Other Methods of Collecting Personal Information

Other occasions when Trainz Portal obtains information from you include (1) your claiming a prize or seeking to redeem an offer by Trainz Portal or by a third party, (2) your requests for assistance through Trainz Portal’s customer service department, and (3) when you voluntarily subscribe to a Trainz Portal service or newsletter.

We need legal rights to use your content while you use our service. For example, if you win a screenshot competition, we want to be able to show everyone that amazing image you took - and this helps us do that.

At the end of the day, your content is still yours.

Sharing Your Content

Trainz Portal allows Users to post, share, and vote on various pieces of Content associated with these Services. Unless otherwise agreed in writing signed by Trainz Portal, by submitting content, adding photos, video, data or other materials directly through these Services or suggesting any ideas or feedback or other Content, you hereby grant to Trainz Portal a royalty-free, perpetual, irrevocable, fully transferable, sublicensable, nonexclusive right and license to use, access, store, copy, modify, share, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Content in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You further grant to Trainz Portal a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the license rights for the Content. You also agree to indemnify, defend and hold harmless Trainz Portal from and against any claims or costs, including attorneys’ fees, arising from the use or distribution of those pieces of Content. You further grant Trainz Portal the right to use your name in connection with the reproduction or distribution of any such Content. While Trainz Portal is not under any obligation to monitor content provided by Users, Trainz Portal may, in its sole determination, remove any content that it deems objectionable, offensive, unlawful or in violation of these Terms of Service.

Subject to the license above, you retain all of your rights in all of the Content you post to our Services, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state country, territory or other jurisdiction. The Trainz Portal Service, all content and other subject matter included on or within these Services (‘Trainz Portal Content’) is the property of Trainz Portal or its licensors. Trainz Portal reserves all of its rights with respect to the Trainz Portal Content.

Remember that these services are available to everyone. People may leave comments that you may not like. We can't be held responsible for someone being mean, but we'll do our best to make sure everyone gets along.

Commenting

As part of these Services you may be offered access to forums, blogs, comment areas, bulletin boards, and chat rooms (collectively, ‘Forums’) that are intended to provide users 13 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Trainz Portal does not endorse the accuracy or reliability of any advice, opinion, statement, or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on these Services without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Trainz Portal responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may post, share, and display Content, we ask that you only use these Services in a manner that is consistent with our Community Guidelines.

You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We deserve the right to require you to change your user name or the titles of your Forum at any time and for any reason in our sole discretion.

You're responsible for what you post. If you don't like what someone else has posted, or you think it violates any copyright/other laws, be sure to let us know by reporting it.

Responsibility for User Content

Trainz Portal respects the right of third party creators and content owners and expects that you will do the same. Given the nature of the Services offered and the volume of Content submitted, Trainz Portal cannot and does not monitor all of the Content posted or transmitted by you and other third-party information providers via these Services, including, without limitation, any Content posted via the Forums. You expressly agree that Trainz Portal: (a) will not be liable for Content and (b) reserve the right to review, reject, delete, remove, modify, or edit any Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from these Services for any reason; including User Content that we believe violates these Terms or our Community Guidelines.

It is the policy of Trainz Portal to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Copyright Act 1968 of Australia.

For a claim to be sufficient, it should be deliver in writing to:

N3V Games

Head Office

58 Kingston Drive, Helensvale, QLD, 4212 Australia

Email: [email protected]

And will need to contain:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To help deliver you patches & updates, we'll host links to places like Amazon. If those places break, there's only so much we can do to help fix them.

Use of Third Party Services

As part of our Services, Trainz Portal offers links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Trainz Portal does not operate or control in anyway any information, software, products, or services available on such websites. Trainz Portal’s inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

You agree that you haven't given us false information, and that you'll follow the rules in regards to sharing content.

Representations, Warranties, and Indemnification

You hereby represent and warrant that:

You have all necessary authority, rights and permissions to submit the Content and grant the licenses described in these Terms,
The Content is accurate, current and complete,
The Content and your use of these Services shall not violate any agreements between you and a third party.

You agree to indemnify, defend and hold harmless Trainz Portal, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorney’s fees, arising from or related to:

The Content you provide or approve for publication,
Your use of these Services,
Your breach of these Terms, or
Any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.

We'll try our best to keep these terms up to date, and they will be accurate and without error. But everyone makes mistakes, and if there is a mistake it won't break the rest of these terms.

Disclaimers and Limitations

Trainz Portal intends that the information contained in its Services be accurate and reliable; however, errors sometimes occur. In addition, Trainz Portal may make changes and improvements to the information provided herein at any time. The service and the information, software, products and services associated with it are provided ‘As Is’. Trainz Portal and/or its suppliers, partners and affiliates disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the service and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, titles, and non-infringement. Use of Trainz Portal’s Services is at your own risk. Trainz Portal and/or its suppliers, are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of Trainz Portals service or with the delay or inability to use the Services, or for any information, software, products and services obtained through Trainz Portal, or otherwise arising out of the use of these Services, whether resulting in whole or in part, from breach of contract, tortious behaviour, negligence, strict liability or otherwise, even if Trainz Portal and/or its suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Errors and Delays: Trainz Portal is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

If you don't play by the rules like everyone else, we'll take these fancy toys away from you.

Termination

Trainz Portal reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you m ay have registered, or a violation of the rights of another User or the law. You may unsubscribe from any further communication from Trainz Portal at any time by delivering a written notice addressed to [email protected]. You shall be responsible for ensuring delivery of the notice. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Trainz Portal emails.

Trainz Portal reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Trainz Portal shall have no liability to any User or any third party should Trainz Portal modify or discontinue any service or an aspect thereof.

Copyright and Trademark Notices

All contents of the Trainz Portal Service are copyrighted ^(C) 2015 N3V Games Pty. Ltd. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.

This section applies to the laws with which N3V Games and Trainz Portal are subject too, which is the state of Queensland, Australia.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Queensland, Australia without regard to your state or country of residence. All claims, legal proceedings or litigation arising in connection with these Services will be brought solely in the federal or state courts location in Australia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such entities, these Terms and any action related thereto will be governed by the laws of Australia (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the state of Queensland.

These Terms, the Community Guidelines, and our Privacy Policy are the entire exclusive agreement between Trainz Portal and you regarding these Services (excluding any services for which you have a separate agreement with Trainz Portal that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Trainz Portal and you regarding these Services. Other than members of N3V Games Pty. Ltd. no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time; the most current version will always be at http://www.trainzportal.com/pages/terms-of-service. If the revision, in our sole discretion, is material we will notify you via an update or email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These services are operated and provided by N3V Games Pty. Ltd. 58 Kingston Drive, Helensvale, Queensland, 4212 Australia. If you have any questions about these Terms, please contact us at http://support.trainzportal.com/.

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