Terms of Use

Last modified: 16th July 2020

1. WHEN DO THESE TERMS AND CONDITIONS APPLY

These Terms and Conditions, together with our Privacy Policy, Cookies Policy and Code of Conduct (together the “Terms”) apply to your use of our websites, including https://www.wearerailfans.com (our “Site”) whether as a guest or a registered user. Please read these Terms carefully before you start to use the Site. By accessing and using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms please refrain from using our Site. We sometimes update these Terms so please review them regularly. The Terms were last amended on the date indicated above at the top of the page.

2. INFORMATION ABOUT US

The Site operated by RailSimulator.com Limited (“We”, “Our” or “Us”). We are registered in England and Wales under company number 6751125. Our registered office and trading address is RailSimulator.com Limited T/A Dovetail Games, 3rd Floor North, Fitted Rigging House, Anchor Wharf, The Historic Dockyard, Chatham, Kent, ME4 4TZ, UK. Our VAT number is GB 948 5431 91. We are a limited company.

3. ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the Service We provide on Our Site without notice (see below). To the maximum extent permissible by law, we will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users who have registered with Us or Our service providers.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using Our Site, you must comply with the provisions of Our Terms of Use https://wearerailfans.com/c/article/warf-terms-of-use

You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms, and that they comply with them.

4. MEMBER, ACCOUNT, PASSWORD AND SECURITY

If our Site, or any product or service offered through Our Site requires you to open an account, you must complete the registration process by providing Us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password.

Keep your password and account details safe. You are entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account(s). You agree to notify us immediately of any unauthorised use or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password(s) or account(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s) or password(s). You may not use anyone else’s account(s) at any time without the permission of the account holder.

5. INTELLECTUAL PROPERTY RIGHTS

This Website Content is protected by the laws of copyright and other intellectual property laws and treaties around the world. All such rights are expressly reserved by their respective parties.

You may not edit or modify any aspect of the Website Content including without limitation any illustrations, photographs, video or audio sequences or any graphics contained on the Site.

You must not use any part of the Website Content for commercial purposes without obtaining a licence to do so from Us or Our contributors, as applicable.

If you print off, copy or download any part of our Site and Website Content this will constitute a material breach of these Terms. In such event, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of Website Content made.

6. RELIANCE ON INFORMATION POSTED

You should not rely upon the accuracy or completeness of any commentary, information and other materials posted on our Site. Such information is provided for reference only and does not amount to advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. No warranties are provided in respect of such information. To the maximum extent permissible by law, We disclaim all liability and responsibility in respect of such Site commentary, information and other materials arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.

7. THIRD PARTY PRODUCTS AND SERVICES

Our Site provides a platform for third party applications, websites and services to make available services to you (“Third Party Applications”), Your use of these Third Party Applications is subject to the terms of use and privacy policies of the third party owners or rights holders of such Third Party Applications and We have no responsibility for such terms and conditions. You understand and agree that we do not in any way moderate or publish and are not responsible or liable in any way for the behaviour, features, or content of any Third Party Application.

8. OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. We will try to give you reasonable notice of any major changes.

9. OUR LIABILITY

The Site and Website Content is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our Site, the Website Content, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of direct profits or indirect profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill.

Wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. It’s unlikely to happen, but if any of our Website Content damages your device or any other content on your device, Consumer Protection Law gives you the right to ask for compensation.

In addition to the above, we are not liable for anything that happens to you if:

you rely on any advice, data, commentary, opinions or other materials included in any Website Content or links we provide;

there are errors, omissions, interruptions, delays, bugs or viruses in any Website Content;

we turn off or remove any parts of the Website Content or external links;

10. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy https://www.wearerailfans.com/c/article/warf-privacy-policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

11. UPLOADING MATERIALS TO OUR SITE

11. UPLOADING MATERIALS TO OUR SITE (CODE OF CONDUCT) Whenever you make use of features that allow you to make posts on, or share or upload content to our Site or our social network sites, you acknowledge that you must comply with this Code of Conduct for content standards.

1. You warrant that any such contribution does comply with these standards, and you indemnify us for any breach of that warranty. The content must not a) infringe 3rd party intellectual property rights b) be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of privacy or c) contain software viruses or other malware additionally 2. When you submit content to our Site you agree that such content will be considered non-confidential and non-proprietary, and that we have the right to: a) use, host, store, copy, distribute and disclose to third parties any such material for any purpose. b) modify, edit or creative derivative works of your content so that it works better with our Services. c) distribute your content in any way and for as long as we choose in any media throughout the world even if you stop using our Site, Services and Products. d) moderate any content you submit, including a right to review, edit or remove it and if necessary refer any of your content to the police or other relevant authorities.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

13. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which our site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via means of cyber attack, including by way of example a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

To the maximum extent permissible by law, we will not be liable for any loss or damage caused by any form of cyber attack on the Site including a distributed denial-of-service attack, viruses or other technologically harmful material that in turn may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

14. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy https://www.wearerailfans.com/c/article/warf-acceptable-use-policy If you wish to make any use of material on our site other than that set out above, please write to RailSimulator.com Limited T/A Dovetail Games, 3rd Floor North, Fitted Rigging House, Anchor Wharf, The Historic Dockyard, Chatham, Kent, ME4 4TZ, UK.

15. LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. AS A PARENT/GUARDIAN, HOW CAN I KEEP MY CHILDREN SAFE FROM UNSUITABLE CONTENT?

Some content may contain things that aren’t suitable for young people, or things you feel are indecent, objectionable or offensive. If you let a child use your computer or device to access content, you are responsible for deciding whether it is appropriate for that child. We age gate use of our Site by requesting users to provide their date of birth which you can use to help control access to your content. The Site should not be accessed by anyone under the age of 16.

17. JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18. VARIATIONS

We may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.

20. THIRD PARTIES

The Terms do not give any enforceable rights to any person who is not a party to them.

21. YOUR CONCERNS

If you have any concerns about material which appears on our Site, please write to RailSimulator.com Limited T/A Dovetail Games, 3rd Floor North, Fitted Rigging House, Anchor Wharf, The Historic Dockyard, Chatham, Kent, ME4 4TZ, UK. We will use our reasonable endeavours to respond to you within 72 hours of receiving your initial contact.