RAIL-ONLINE - TERMS OF SERVICE ("TOS")
Dear Rail-Online Subscriber:
Except as expressly provided herein, you may not directly or indirectly use, copy or reproduce any Image (in whole or in part) more than once.
PART I LIMITED LICENCE
1.All Images on the Rail-Online website are protected by United Kingdom and international copyright laws and treaties.
Rail-Online and/or the various Collection Owners who provide content and/or Images to Rail-Online ("Collection Owners") own all rights, including the copyrights in and to the Images. Rail-Online and/or its Collection Owners reserve all rights in and to the Images not expressly granted to you by the terms of this licence. Your rights to use any Image are subject to this licence agreement and are conditioned upon your payment to Rail-Online for your use of the Images. If you fail to make any payment to Rail-Online when due, or if any cheque is dishonoured or credit card charge refused or charged back, your account will be deemed suspended. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and Rail-Online), you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes suspended, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and Rail-Online's costs of collection, bank charges and credit card processing fees are received by Rail-Online no later than fifteen (15) days from the date that your account became suspended.
2.By this Agreement, Rail-Online grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:
a) As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;
b) As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;
c) For publication in a book or magazine provided that the appropriate licence fee for that usage has been paid;
d) As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration and not resold.
3.In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Rail-Online or its Collection Owner(s), subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
4.All other rights in the Images are expressly reserved by Rail-Online for itself and its Collection Owners.
PART II RESTRICTIONS
YOU MAY NOT:
5. Use an Image other than as specified in PART I.
6. Except as expressly provided in Part I hereof, directly or indirectly copy or reproduce any Image (in whole or in part. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.
7. Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, prints, wallpaper, artwork and other items.
8. Use an Image together with defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
9. Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
10. Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
11. Use Rail-Online Images in a manner that competes with Rail-Online's business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Rail-Online Images for sale, or including Rail-Online Images in templates of any nature, including templates for websites, social networking websites (e.g., MySpace.com, Facebook, etc.) documents, projects or otherwise for distribution and/or sale to third parties.
12. You may not create a digital or print greeting card line based on Rail-Online Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale.
13. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
14. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image
15. Represent yourself as an agent, employee, designee, or affiliate of Rail-Online for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
16. Use automated programs, applets, bots or the like to access the Rail-Online.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content on the website.
PART III MISCELLANEOUS
17. Rail-Online shall be under no obligation to refund your subscription fee under any circumstances. However, in the event that Rail-Online determines that you are entitled to a refund of all or part of your subscription fee, such refund shall only be made to the credit card account originally used by you to purchase your subscription or by cheque.
18. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicence, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorised duplication of any Rail-Online Image(s) please notify us immediately via email at [email protected].
19.If you plan on using or do use Images as part of work for a book or magazine, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the Rail-Online Image number as well as the date or dates on which the Images were used. You shall deliver copies of such records to Rail-Online at Rail-Online's request. Credit to the Collection owner @rail-online.co.uk must be given wherever the Image is used in the publication.
20. You agree that you will not share your username and password combination. Your Rail-Online username and password are to be used only by you. Each person that desires to access the Rail-Online site must have his/her own username and password.
21. You agree to indemnify and hold Rail-Online, its officers, employees, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify Rail-Online for all costs and expenses that Rail-Online incurs in the event that you breach any of the terms of this or any other agreement with Rail-Online.
22. Neither Rail-Online nor any of its officers, employees, members or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the Rail-Online website or any Image or Images.
23. This contract is governed by and shall be construed in accordance with the laws of the United Kingdom. You hereby consent to the personal jurisdiction of the courts located within the United Kingdom. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the country and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by sending a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
24. If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this agreement, please contact Rail-Online Support.
25. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Rail-Online for any breaches of the terms of this agreement.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH RAIL-ONLINE, RAIL-ONLINE SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO RAIL-ONLINE'S OTHER RIGHTS AT LAW AND/OR EQUITY. RAIL-ONLINE SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.
RAIL-ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF ANY IMAGE OR OF ANY RELEASE ASSOCIATED WITH AN IMAGE. THE IMAGES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
RAIL-ONLINE GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARK, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.
RAIL-ONLINE COPYRIGHT OWNERS UPLOAD IMAGES TO THE RAIL-ONLINE WEBSITE AND WARRANT THAT THEY HAVE ALL RIGHTS REQUIRED TO DO SO AND TO ENABLE RAIL-ONLINE TO GRANT THE RIGHTS IT GRANTS IN THIS AGREEMENT.
RAIL-ONLINE DOES NOT WARRANT THAT THE IMAGE(S) OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
RAIL-ONLINE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S) WHETHER DUE TO RAIL-ONLINE'S BREACH OF THIS AGREEMENT, OR OTHERWISE, EVEN IF RAIL-ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL RAIL-ONLINE'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE RAIL-ONLINE WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY RAIL-ONLINE FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).