Terms and Conditions Of Use

KSM Kawartha Scale Modellers

Terms and Conditions of Use

Effective Date: January 8, 2026

Welcome to the KSM Kawartha Scale Modellers website (the “Site”). The Site is operated and maintained by KSM Kawartha Scale Modellers (“KSM,” “we,” “us,” or “our”) as a service to members, visitors, and the modelling community.

All content on the Site is provided “as is” for educational and non-commercial modelling use, and may include fair-use materials and member-contributed content. By accessing or using the Site, you (“you” or “user”) agree to be bound by these Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, you must not use the Site.

1. Acceptance of Agreement

These Terms constitute the entire agreement between you and KSM regarding your use of the Site and supersede all prior or contemporaneous agreements, understandings, representations, or warranties relating to the Site or its content. KSM may modify these Terms at any time without notice. The most current version will be posted on the Site, and your continued use constitutes acceptance of any changes.

All content on the Site—including text, articles, instructional material, graphics, photographs, images, layout, design, compilations, and digital conversions—is protected by applicable copyright, trademark, and intellectual property laws.

Unauthorized copying, reproduction, redistribution, publication, or use of any Site content is prohibited except as expressly permitted under these Terms or applicable law. No ownership rights are transferred to you by accessing or using the Site.

Posting or displaying content on the Site does not constitute a waiver of any intellectual property rights held by KSM or by contributing authors.

3. Trademarks

“KSM Kawartha Scale Modellers,” “KSM,” associated logos, and identifying marks are trademarks or service marks of KSM. All other trademarks referenced on the Site are the property of their respective owners.

4. Limited License for Personal Use

You are granted a limited, non-exclusive, non-transferable, revocable license to view, print, or download content from the Site solely for personal, educational, or non-commercial modelling use.

You may not reproduce, distribute, sell, sublicense, modify, publish, or create derivative works from Site content without prior written consent from KSM or the original content contributor, where applicable.

5. Content Modification

KSM reserves the right, at its sole discretion, to edit, update, remove, or modify any content on the Site at any time without notice, including member-contributed material.

6. Indemnification

You agree to indemnify, defend, and hold harmless KSM, its officers, volunteers, contributors, members, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Site or violation of these Terms.

7. Non-Transferability

Your right to access and use the Site is personal and non-transferable. Any access credentials, membership credentials, or permissions may not be shared or assigned.

8. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

KSM DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KSM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KSM ASSUMES NO LIABILITY FOR CONTENT OR IMAGES OF UNKNOWN OR THIRD-PARTY ORIGIN, FAIR-USE EXCERPTS, EDUCATIONAL REPRODUCTIONS, PARODY, HISTORICAL REFERENCE, OR INCIDENTAL APPEARANCE OF COPYRIGHTED MATERIAL AS PERMITTED BY LAW. ANY REMEDY SHALL BE LIMITED TO REMOVAL OF SUCH CONTENT.

10. Use of Information

You authorize KSM to collect, use, and store information relating to your use of the Site in accordance with applicable Canadian privacy laws and KSM’s Privacy Policy.

The Site may include links to third-party websites, services, or vendors. KSM does not control and is not responsible for third-party content, services, transactions, or policies. All dealings with third parties are at your own risk.

12. Privacy Policy

KSM’s Privacy Policy forms an integral part of these Terms and governs the collection and use of personal information.

13. Payments and Membership Fees

If membership fees, event fees, or merchandise purchases are offered through the Site, you represent that all billing information provided is accurate and authorized. All payments are subject to the stated terms at the time of purchase.

14. Forward-Looking Statements

Statements regarding future events, activities, plans, or initiatives are forward-looking and subject to change. The Site does not constitute a contractual commitment to any specific activity or schedule.

External links are provided for informational or educational purposes only. KSM does not endorse or assume responsibility for the content or accuracy of external sites.

16. Linking to the Site

You may link to the Site provided that you do not misrepresent your relationship with KSM, obscure proprietary notices, or associate the Site with unlawful, misleading, or inappropriate content. KSM reserves the right to require removal of any link at its discretion.

If you believe that your copyrighted work has been infringed, please submit a written notice containing all legally required elements to:

KSM Kawartha Scale Modellers – Copyright Agent
c/o Administration Services
9 Albert Street South, Suite 402
Ontario, Canada, K9V 5E4

Email: admin@kawarthascalemodellers.com

18. Refund Policy

Unless otherwise stated, all membership fees, event fees, and purchases are final and non-refundable.

19. Information Currency

Information on the Site is provided as of the date published. KSM disclaims any obligation to update or revise such information.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario, Canada. Any dispute arising from these Terms or use of the Site shall be resolved exclusively in the City of Kawartha Lakes, Ontario.

Any claim must be brought within one (1) year of its accrual.

Disputes shall be resolved through informal, binding arbitration conducted by a mutually agreed independent attorney or mediator experienced in civil dispute resolution.

The dispute resolution process is intended to address genuine legal issues proportionately and efficiently, and not to silence, intimidate, or financially burden individuals for lawful expression, criticism, commentary, or good-faith participation in educational, historical, or hobby-related discussion. Claims brought primarily to harass, intimidate, or chill legitimate expression may be dismissed as bad faith.

To prevent procedural abuse or disproportionate legal burden, the arbitration process shall be subject to the following limitations unless otherwise agreed in writing by both parties:

  1. Written Submissions Only
    Arbitration shall proceed on written submissions unless the arbitrator determines that a hearing is strictly necessary.
  2. Page Limits
    • Initial claim or response: maximum 10 pages
    • Reply or rebuttal: maximum 5 pages
    • Exhibits limited to materials directly relevant to the dispute
  3. No Discovery or Depositions
    There shall be no depositions, interrogatories, or expansive discovery. Document exchange shall be limited to materials the arbitrator determines are directly material.
  4. Cost Control
    Each party shall bear its own legal costs. Arbitration fees shall be shared equally, unless the arbitrator determines that a claim or defence is frivolous or brought in bad faith.
  5. Good-Faith Requirement
    Claims initiated primarily to harass, intimidate, silence, or financially burden the opposing party constitute bad faith and may be dismissed summarily.
  6. Finality
    The arbitrator’s decision shall be final and binding, with no right of appeal except as permitted under applicable Ontario law.

Nothing in this Section limits or waives any rights or protections available under applicable Ontario law relating to expression on matters of public, educational, or community interest.

If any provision of this Section is held unenforceable, the remaining provisions shall remain in full force and effect.

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