Terms & Conditions upload tool

1.1    The following terms in these Terms and Conditions have the meanings given to them by this clause 1.1, both in singular and plural form:

 

(a) Eurail, we, us, our, ourselves: Eurail B.V., registered with the Netherlands Chamber of Commerce under number 30206952 and with a registered office at Jaarbeursboulevard 286, fifth floor, 3521 BC, Utrecht, the Netherlands.

(b) you, your, yourself: Any person, natural or legal, who uploads, or proposes to upload, any Content to the Upload Tool or otherwise interacts with the Upload Tool. 

(c) Content: Any image, video or other material that you or any other person uploads to our Upload Tool.

(d) Terms and Conditions: All of the conditions set out herein.

(e) Upload Tool: The online platform accessible via uploadtool.eurail.com and uploadtool.interrail.eu. 

(f) Websites: The interrail.eu and eurail.com websites and any subdomain thereof.

2.1    These Terms and Conditions apply to and govern all Content that you upload to the Upload Tool as well as any interaction that you may have with the Upload Tool.

 

2.2    By uploading any Content to the Upload Tool, or by otherwise interacting with the Upload Tool, you confirm that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to accept all of the conditions set out in these Terms and Conditions, you must not upload any Content to the Upload Tool or otherwise interact with it. 

 

2.3    We may update these Terms and Conditions at any time and without prior notice. It is your sole responsibility to check the Terms and Conditions for any changes each time you upload new Content. The Terms and Conditions which apply to your Content are the Terms and Conditions which were published on the Upload Tool at the time you uploaded your Content.

3.1    You must be 18 years of age or older to upload Content to our Upload Tool. 

4.1    You may only upload Content to the Upload Tool where:

 

(a) you are the creator of the Content; and

(b) you are the owner of the Content or have sufficient intellectual property rights to licence such Content to Eurail under these Terms and Conditions; and

(c) the Content does not infringe upon the intellectual property rights of any other natural or legal person in any way or to any extent.

 

4.2    You must not upload any Content to the Upload Tool which:

 

(a) does not meet all three (3) of the requirements set out in 4.1 above;

(b) comprises copyrighted material or other intellectual property where you have not obtained the express permission of the owner;

(c) is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

(d) harms anyone or depicts harm to anyone, including minors;

(e) advocates for or engages in illegal activity;

(f) contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Upload Tool or our systems generally;

(g) hacks, destabilises, adapts or alters the Upload Tool;

(h) uses any high-volume automated means (including robots, spiders or scripts) to access or interact with the Upload Tool;

(i) broadcasts or sends any form of advertising, mass communication or solicitation to other users; and/or

(j) provides a link to any of the above;

(collectively the “Prohibited Content”).

 

4.3    For the purposes of 4.2, we have the sole and unfettered discretion to determine whether any Content uploaded to the Upload Tool constitutes Prohibited Content. If we determine that any of your Content constitutes Prohibited Content, we reserve the right to immediately remove it from the Upload Tool without notice and to block you from accessing and/or interacting with the Upload Tool, either temporarily or permanently, at our sole discretion. 

 

(a) Please note that we do not review each piece of Content uploaded to the Upload Tool. Our failure to take any action under 4.3 shall not be construed as our endorsement or acceptance that the Content is not Prohibited Content. 

 

4.4    In all cases, we do not make any guarantees concerning confidentiality with respect to any Content that you upload to our Upload Tool.

5.1    For any Content that you upload to the Upload Tool, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, sublicensable right to use, host, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, create derivative works of and otherwise exploit such Content on and through our Websites and third-party distribution channels as selected by us in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes, and without attributing or giving you credit for your Content. You also grant us the right to sublicense these rights to any third party for the purposes of exercising any of the rights granted to us as described in this clause 5.1 and for distribution via third-party distribution channels, which may include viral distribution of your Content via social media. 

 

5.2    In addition to 5.1, you hereby expressly waive your moral rights to the following: 

 

(a) The right to object to the publication of your Content without mention of your name or any other indication that you are the creator of your Content. 

(b) The right to object to the publication of your Content under a name which is not your own, as well as any change in the name of your Content or in your designation as the maker, insofar as these appear on or in the work or have been published in connection with it. 

(c) The right to object to any other change to your Content, unless the change is of such a nature that objection would be unreasonable. 

 

5.3    You agree that neither Eurail nor any third-party distribution channels have any obligation to provide any compensation or remuneration to you for your Content or the licenses granted herein. 

 

5.4    Nothing in these Terms and Conditions shall be construed or interpreted to mean that we are claiming ownership rights over your Content. Our rights are limited to those licenced to us by you under these Terms and Conditions. In addition, nothing in these Terms and Conditions shall be construed or interpreted to restrict any rights that you may have to use and exploit your Content elsewhere.

6.1    When you upload Content to our Upload Tool, we ask you to provide us with personal data in the description of the uploaded content. This will typically include your first and last name, email address, country of origin, travel itinerary, type of Interrail or Eurail Pass used, and social media account username. We request that you do not provide any other personal data in uploaded Content or description of your Content. Do not provide Content that includes Children.

 

6.2    We process your personal data on the legal basis of consent and legal obligations, for the following purposes: 

 

(a) To exercise our rights and attend to our obligations as set out in these Terms and Conditions; 

(b) To facilitate and operate the Upload Tool; 

(c) To facilitate and manage your Content;

(d) To comply with all applicable laws and regulations.

 

6.3    We store all provided personal data utilising Picture Pack, a third-party image and video management platform provider offered by iMedia B.V.. Third-party processors are required to adhere to Eurail security and data protection policies. See also the provider privacy policy for more information on how your data is protected. Your personal data is not shared with any other third parties, and/or sub-processers. 

 

6.4    We will retain your data (via Picture Pack) for as long as it is reasonably needed in order to maintain our relationship with you; to exercise our rights and attend to our obligations under these Terms and Conditions; to comply with our other legal and contractual obligations; to protect ourselves from potential disputes in relation to or otherwise in connection with your Content; and to have proof of our relationship with you in relation to or otherwise in connection to your Content.

 

6.5    If you provide personal data of another person for the purposes of uploading Content to our Upload Tool, you must ensure that: 

 

(a) this person has been duly informed of our right to process their personal data as set out by this clause 6 and that they have been provided with a copy of these Terms and Conditions;

(b) you collected and supplied their personal data in accordance with applicable legislation and without infringing on their or any third-party’s rights;

(c) you have obtained the consent of that person where needed. 

 

6.6    Uploading of your Content will be deemed as acceptance of the processing of your personal data under these Terms and Conditions and that you acknowledge that you have read, understood, and agreed to these terms. We are required to retain your first and last name, email address and Description Content, for the duration that the permission is provided, for the purposes of exercising our legal rights and attending to our legal obligations under these Terms and Conditions. We adhere to internal business policy for Retention of content.

 

6.7    For exercising your data subject rights, and or privacy concerns, you can contact our privacy officer at privacy@eurail.com. Please indicate that your request is regarding the “Upload Tool”. For more information on data subject rights, refer to our Eurail Privacy Statement.

7.1    We provide the Upload Tool on an AS IS – WITH ALL FAULTS basis. Your use of the Upload Tool is entirely at your own risk. We do not guarantee that the Upload Tool will be available at any given time nor that it will be reliable when running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. To the extent permitted by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We give no warranties that the Upload Tool will be uninterrupted, timely, secure, or error-free, or is free of viruses or other harmful components.

 

7.2    We reserve the right to modify, suspend or discontinue the Upload Tool, or any part thereof, at any time and without prior notice. We also reserve the right to create and impose limits on your use of the Upload Tool without prior notice.

8.1    You agree to indemnify and hold Eurail and all of our employees, directors, members and advisors harmless from all third-party claims, losses, damages and expenses (including legal fees) arising out of or in connection with your Content, your violation of these Terms and Conditions and your infringement of any third-party intellectual property rights or any other rights.

9.1    To the maximum extent permitted by law, the entire risk arising out of your interactions with the Upload Tool and your Content remains with you. Neither we nor any other party involved in creating, producing or delivering the Upload Tool will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage. 

10.1    Entire agreement.

 

(a) These Terms and Conditions constitute the entirety of all applicable conditions to your Content. None of our employees, directors, members or advisors have any legal authority to negotiate the conditions set out herein.

 

10.2    Governing law and jurisdiction.

 

(a) These Terms and Conditions shall be governed by and construed in accordance with the law of the Netherlands. 

(b) Any claim or dispute between you and Eurail arising from your Content and/or use of the Upload Tool shall be decided exclusively by a court of competent jurisdiction located within the Netherlands.

 

10.3    Survival of clauses.

 

(a) If any of the conditions set out in these Terms and Conditions are found to be unenforceable or contrary to law or otherwise invalid, the remaining conditions shall remain unaffected and enforceable.

 

10.4    Prevailing of the English language version.

 

(a) To the extent of any inconsistency between the English language version of these Terms and Conditions and any other language version, the English language version shall prevail.

 

10.5    Infringement.

 

(a) If you believe that your copyright has been infringed, please contact us via our Customer Service team.