Terms & Conditions for Users of the Eurail Media Library
Article 1 – Users
The Eurail Media Portal (Portal) can be accessed by various interested parties, such as staff members, carriers, sales agents, press & media, suppliers, or other interested parties with specific objectives consistent and not conflicting with the mission and vision of Eurail B.V. (Eurail). Any person interested in accessing the Portal (User) shall register according to Article 3 and comply with the rules and restrictions established in these Terms and Conditions. Eurail may, at its sole discretion, refuse to offer the Portal service to any interested person or entity and change its eligibility criteria at any time.
Article 2 – Scope
The Terms and Conditions govern use of the Portal by a User and related issues. Users accepts the Terms and Conditions by registration and making use of the Portal, in any manner whatsoever, and they acknowledge that they are bound by them. Eurail B.V. is entitled to amend these Terms and Conditions at will. The amended Terms and Conditions will enter into effect at the time at which they have been published on the Library website (Website).
Article 3 – Account, personal data and privacy
3.1 In order to use the Portal, User must create a personal account with Eurail on the website. User can create his own username and password. Those User login details are strictly personal and User is not permitted to provide them to any third parties.
3.3 Eurail is not liable for any damage that ensues from misuse of login details by third parties or for any malfunction on the Website.
3.4 User guarantees that the personal data provided at the time of registration are correct and complete and shall be liable for any damages caused to Eurail as a direct or indirect consequence of providing incorrect or incomplete data.
Article 4 – Right of use
4.1 Eurail grants to User, and User accepts, a non-exclusive and non-transferable right to use the photos and any other media material, such as video footage or communication material (Material) exclusively in the manner provided for in these Terms and Conditions. Terms & Conditions User does not have the right to sell, loan, rent, deliver, supply, sub-license or otherwise dispose of Material without a prior written consent by Eurail. Nothing in this Agreement constitutes a partnership, agency relationship or joint venture between User and Eurail.
4.2 Users are allowed to use the Material exclusively for communications about Interrail and Eurail products (Products). For the sake of example, use of the Material is not allowed to communicate about products, brands or topics which are not related to Eurail or Interrail. The Material cannot be uploaded in other media libraries, portals or other public data bases or offered for sale.
4.3 Use of the Material is not allowed in a context with a negative social or emotional connotation, such as drugs and alcohol abuse, or pornography.
4.4 Provided the criteria in Article 4.2 are respected, the Material can be used in all media and channels worldwide both offline and online.
4.5 If applicable (when copyright owner is specified ©) User shall always indicate, when using the Material, the copyright owner in a clear and recognizable way (for instance © Eurail B.V.).
4.6 Any use other than as explicitly authorized in these Terms and Conditions is prohibited, unless explicitly authorized. Users wishing to be authorized for a different use or unsure about the legitimacy of the use they intend to make of the Material must contact Eurail by sending an e-mail to firstname.lastname@example.org. Where appropriate, Eurail might transfer the request to the Copyright Owner if other than Eurail itself.
Article 5 – Intellectual property rights
5.1 User will receive a non-exclusive, non-transferable and not-for profit right to use the Material and otherwise acknowledges that all intellectual property rights in respect of the Material are vested in the physical or juridical person owning the copyright on the specific photo (Copyright Owner).
5.2 User cannot take any action or fail to take action concerning the Material when this would affect the Copyright Owner’s rights in the Material.
5.3 User will notify the Copyright Owner immediately of any and all violations or possible violations of the Copyright Owner’s rights with respect to the Material that come to User’s attention.
5.4 User is aware that third parties may have copyrights and other proprietary rights on the Material, is responsible for any claim brought by third parties in connection with violations of their rights arising from use of the Material, and will indemnifies Eurail for any claim or action brought against the latter.
Article 6 – Termination
6.1 Eurail B.V. is entitled to cancel User’s account at any time at its own discretion, in which case User will be no longer able to download Material from the Portal. Cancellation of User’s account will not affect photos that have already been downloaded, except as provided in this Article.
6.2 Eurail B.V. can terminate sub-licences of specific Material unilaterally in the following cases: - the Copyright Owner requests so on the ground that User has not complied with the Terms and Conditions or has infringed third parties’ rights, - a third party requests it to do so on the ground that User has infringed that third party’s rights as a result of User’s use of the Material or User has otherwise acted unlawfully towards that third party.
6.3 Should User receive written notice from Eurail and/or the Copyright Owner of a request within the scope of Article 6.2, User shall immediately stop any further duplication and/or publication of the Material and destroy or delete any and all duplications already made.
6.4 User can opt to obtain use of the Material for a limited amount of time by specified so in writing at the email address email@example.com. In that case, and without prejudice for the applicability of Paragraphs 1 to 3 of this Article 6, at expiry of the period requested the rights granted under these Terms and Conditions shall expiry and User shall immediately stop any further duplication and/or publication of the Material.
Article 7 – Liability and indemnification
7.1 Should User fail to comply with the conditions for use established in these Terms and Conditions with regards to any Material, User will be deemed to have infringed the rights of Eurail and of the Copyright Owner, if different from Eurail.
7.2 User shall be the only responsible for any direct or indirect damages caused to Eurail, other Copyright Owners and third parties as a consequence of its use of the Material and shall have no right to ask any assistance, discharge, indemnification or damage payment to Eurail.
7.3 User shall hold harmless and indemnify Eurail for any requests, actions, or direct or indirect damages arising to Eurail as a consequences of its use of the Material and subsequent actions.
7.4 Eurail is not liable for any loss that can result from damages to User’s computer systems as a result of the use of the Material, nor is liable for any damage alleged by User for Eurail’s termination of User’s account or licenses or sub-licenses.
Article 8 – Applicable law and disputes
These Terms and Conditions are governed exclusively by Dutch law. Any and all disputes that arise from or are related to these Terms and Conditions will be submitted exclusively to the competent court in Amsterdam.
Article 9 – General
Eurail reserves the right, at its sole discretion, to modify or replace any of the Terms and Conditions, or change, suspend, or discontinue the Portal service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website, or by sending an email to the email address associated with User’s account. User is responsible for reviewing and becoming familiar with any such modifications. User continued use of the service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Eurail may also impose limits on certain features and services or restrict access by User to parts or all of the service without notice or liability.
In the event that any provision stipulated in these Terms and Conditions is deemed to be null and void, invalid or otherwise inapplicable, for any reason whatsoever, that will in no way affect the applicability or legal validity of the other provisions stipulated in these Terms and Conditions. Eurail will draw up a new provision that is as close as possible to the old provision in respect of its content and scope, without being null and void, invalid or otherwise inapplicable itself.