Terms & Conditions
Data Protection Act
Terms & Conditions and Privacy Statement
CONDITIONS OF USE
- For the purpose of these conditions, the ModelShopsUSA.com website and the Database are collectively referred to as "the Website".
- By accessing or using any part of the Website you agree to be bound by these conditions of use. Should you not wish to be bound by these conditions, do not access or use this Website.
- ModelShopsUSA may change these conditions at any time without any notice to you. Please check these conditions from time to time for any changes. By continuing to use the Website you are deemed to have agreed to all updates to these conditions.
- Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them.
PERMITTED USE as detailed in the Copyright Notice below
- The purpose of the website is to enable buyers and potential buyers (whether individuals or businesses) of goods and services to identify and communicate with sellers. You are allowed to use the Website and the results of any search made on the Website for this purpose unless such use is prohibited by paragraph 6 below.
- The following uses of the Website are prohibited:
- using the Website for any purpose which is unlawful in the United States and, if the Website is accessed from outside the United States for any purpose which is unlawful in the jurisdiction from which such access is made;
- using the Website for any purpose that is: harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or is (in ModelShopsUSA' reasonable opinion) otherwise objectionable;
- using the Website for creating, verifying, updating or amending your own databases, records, directories, customer lists or mailing lists or those of a third party;
- tampering with or modifying any part of the Website;
- using the Website in a manner which impairs its operation;
- using the Website in such a manner that imposes an unreasonable or disproportionably large burden on the ModelShopsUSA' infrastructure, as determined by ModelShopsUSA in its sole discretion; and/or
- using any automated means (including, without limitation, agents, robots, scripts, or spiders) to monitor or copy the Website or its content or bypass the website tools or services or to interfere or attempt to interfere with the proper working of the Website.
- Please be aware that ModelShopsUSA takes active measures to ensure that no unauthorised or prohibited use is made of the Website and that the ModelShopsUSA intellectual property rights are not infringed.
FURTHER RESTRICTIONS FOR NON-HUMAN VISITORS
- SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US$100. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website's email addresses is recognized as a violation of this agreement and expressly prohibited.
- APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the state of residence of the registered Administrative Contact (the "Admin State") for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
- RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
TERMS & CONDITIONS
ModelShopsUSA have made every effort to ensure the
accuracy of this site and its content. However, no liability is accepted
for any damage, costs, injury or financial loss of any kind incurred as
a result of reliance on the information or opinions provided on this site.
Hypertext links within this site may lead to other websites, which are
not under the control of ModelShopsUSA and is not responsible for
the availability or content of any third party websites or material you
access through this site. These links are provided with no warranty, express
or implied, for the information provided within them and ModelShopsUSA
accepts no liability for any damage, costs, injury or financial loss of
any kind caused by the contents of those websites.
This website is governed by and construed in the law of the United States
and all disputes arising shall be subject to the exclusive jurisdiction of the US Courts.
Submission of material to ModelShopsUSA is governed
by further terms and conditions as stated on the Content
Submission Terms & Conditions page.
As with many sites across the internet THE Model Shop Directory of North America is being assisted by Sponsorship and Advertising from the Modelling community. In order to continue providing this information for
FREE please support the Sponsors and Advertisers by visiting them and
DATA PROTECTION ACT
Although there is no specific Data Protection Act in the USA we have decided to adopt the same approach to personal information as we do in our companion site THE UK Model Shop Directory as detailed below.
For Canadian individuals the principles of the Personal Information Protection and Electronic Documents Act apply.
THE Model Shop Directory of North America is a voluntary
organisation whose purpose is solely to advertise and market Modelling
and Model Railroads in particular. Data subjects are restricted
to anyone connected with Model Shops, Model Railroads or Modelling Services
and all information contained or provided to this website or the webmaster
by whatever communication method is assumed to be given freely and is
automatically considered to be in the public domain.
We will only hold personal information for as long as necessary for these
purposes and will not process or disclose it to third parties unless permission
to do so is expressly given by the individual user or stated in other
terms within this website.
Statistical information to enable analysis of how this site is used may
be collected, but this information will not personally identify any individual.
Upon request by email to us we will inform you whether your personal information is stored by us.
GENERAL DATA PROTECTION REGULATIONS 2018
Under the GDPR all data submitted to the UK Model Shops Directory is given in the listings in the Directory and no information is retained in any other form elsewhere.
An audit trail of all updates to information is retained to show when and who provided permission for this data to be displayed in the Directory and any requests for details of the information we hold along with any changes, can be submitted at any time using the [OWNER UPDATE] option with each entry for businesses, or for Clubs and Societies by logging in to the relevant entry to submit an update, or by using the Information Feedback/General Contact form.
Occasionally we have been asked to provide lists of contacts for businesses and clubs but these are only given from the information that is readily available online in the Directory itself. We do not disclose any other information and where an entry indicates the business address has been withheld, this is never disclosed. Contact addresses for Clubs and Societies are always considered to be withheld.
In addition we contact all data owners every 2 years to request confirmation of the information held and acceptance of these terms and conditions. If no response is received to these requests after a period of time the entry will lapse, the entry suspended and all details will be removed from public display.
In light of these regulations we can no longer accept submissions from third parties for any business, club or society and all submissions must be completed online using the relevant forms.
COPYRIGHT: © ModelShopsUSA.com
Copyright in this Web site is owned by or licensed to ModelShopsUSA.
Unless stated to the contrary, material on the website, such as text,
graphics, logos, button icons, images, digital downloads, data compilations,
and software, is the property of ModelShopsUSA and is protected by
United States and international copyright and database right laws. The
compilation of all content on this website is the exclusive property of
and is protected by United States and international copyright and database right laws.
The content of this website may not otherwise be copied, otherwise incorporated into or stored in any
other website, electronic retrieval system or in any other publicly available
form without the prior written consent of the authors or in accordance
with the Copyright, Designs and Patents Act 1988. In particular, you may
not utilise any data mining, robots, or similar data gathering and extraction
tools to extract (whether once or many times) for re-utilisation of any
substantial parts of this website, without ModelShopsUSA' express
written consent. You also may not create and/or publish your own database
that features substantial parts of this website without ModelShopsUSA'
express written consent.
not use the website for any of the following:
For fraudulent purposes, or in connection with a criminal
offence or other unlawful activity to send, use or reuse any material
that is illegal, offensive, abusive, indecent, defamatory, obscene or
menacing; or in breach of copyright, trademark, confidence, privacy or
any other right; or is otherwise injurious to third parties; or objectionable;
or which consists of or contains software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any "spam"
to cause annoyance, inconvenience or needless anxiety.
Site Inaugurated: 1st January 2012