Terms & Conditions upload tool

The following capitalised terms in these General Conditions have the meanings given to them in this article, both in singular and plural form.

1.1        Eurail: Part of Eurail B.V., registered with the Chamber of Commerce under number 30206952, with registered office at Leidseveer 10 in Utrecht, the Netherlands, P.O. Box 2338, 3500 GH Utrecht.

You acknowledge and agree that, by using or accessing the Service or by uploading or posting any content on the service, you are indicating that you have read, understand and agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Service. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

The Service is intended solely for persons who are 16 or older. Any access to or use of the Service by anyone under 16 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 16 or older.

As a condition to using certain features of the Service, you may be required to provide personal information including but not limited to email address and social media usernames. You agree to provide Eurail with accurate, complete, and updated information, particularly your email address.

The Service and their form and functionality may change without prior notice to you. Eurail retains the right to create limits on and related to use of the Service in its sole discretion at any time with or without notice. Eurail may also impose limits on the Service or aspects of this Service or restrict your access to parts or all of the Service without notice or liability. Eurail may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content (as defined below).

At Eurail, we are committed to protecting the online privacy of visitors to our website.

For information about how Eurail collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to The Netherlands and/or other countries for storage, processing, and use by Eurail and affiliated third parties as stated in our Privacy Policy.

In addition to our Privacy Policy, by providing your contact details you are agreeing to receive occasional electronic newsletters that will send information about our websites to your e-mail address. However, we will provide you with the option to change your preferences and opt-out of receiving those communications.

Content Restrictions
Eurail is committed to ensuring that the Service remains a fun and safe place to Process photographs and videos. To that end, the Service allows Users to be creative with their Content. Users of the Service may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Eurail believes:

• Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
• Comprises copyrighted material or other intellectual property used without the express permission of the owner;
• Violates or otherwise encroaches on the rights of others;
• Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
• Advocates illegal activity;
• Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;
• Uses any high volume automated means (including robots, spiders or scripts) to access the Service;
• Broadcasts or sends any form of advertising, mass communication or solicitation to other users;
• Harms anyone, including minors; or,
• Provides a link to any of the above

Eurail has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Eurail does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Eurail may delete, move, and edit Content for any reason, at any time, without notice.

All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.

Eurail in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

Copyright
Users retain ownership and/or other applicable rights in User Generated Content, and Eurail and/or third parties retain ownership and/or other applicable rights in all Content other than User Generated Content.

By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms.

Eurail does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your Content. By making available any Content through the Service, you hereby grant to Eurail 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 third-party distribution channels selected by, but not affiliated with, Eurail, 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, subject to any limitations on use of your private Content, if applicable, in the Eurail Privacy Policy; you also grant Eurail the right to sublicense these rights to third parties for analyzing the Content on other media and services  and for distribution via third party distribution channels, which may include viral distribution of your Content via social media. You agree that neither Eurail nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that Eurail does not guarantee any confidentiality with respect to Content you submit.

Note also that this license to your Content continues even if you stop using the Services, primarily because of the social nature of Content.

If we ever consider publishing your photo in any print media or channels other than social media, we will contact you first for permission.

Although of course we strive to make the Service as dependable as possible, Eurail’s Service is provided on an AS IS – WITH ALL FAULTS basis. Your use of our Service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our Service when it is 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.

THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH Eurail ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Eurail EXPRESSLY DISCLAIMS 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. Eurail MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU WILL INDEMNIFY AND HOLD Eurail AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. NEITHER Eurail NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR 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 Eurail HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

The Terms and this Agreement shall be governed by and construed in accordance with Dutch law.
Any claim or dispute with Eurail arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in The Netherlands.