Terms of Service
1. Your Acceptance
BY USING AND/OR VISITING www.TrainWaybills.com ("Website", "TrainWaybills.com", "Train Waybills", "We", "Us", "Our", "Ourselves" "Staff", "Moderator", "Moderators"), AS A VISITOR, A REGISTERED MEMBER, OR SOMEONE ACCESSING THE WEBSITE ("You", "Your", "Yourself", "User", "Users"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE (the "Terms of Service", "Terms", "TOS"), BY THE PRIVACY POLICY (the "Privacy Policy"), WHICH CAN BE FOUND AT www.TrainWaybills.com/privacypolicy, AND BY THE REFUND POLICY (the "Refund Policy"), WHICH CAN BE FOUND AT www.TrainWaybills.com/refundpolicy, WHICH ARE INCORPORATED HEREIN BY REFERENCE, REGARDLESS OF YOUR FAILURE TO READ THEM. Any reference to "UGC", refers to User Generated Content, by any means, including but not limited to: information posted by you to the website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING AND/OR REGISTERING WITH TrainWaybills.com WEBSITE, AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE TrainWaybills.com WEBSITE.
2. Permission to Use
Welcome to www.TrainWaybills.com!
You can use the TrainWaybills.com Website, provided that:
(i) you shall comply with these Terms of Service;
(ii) the use of the TrainWaybills.com Website will be solely for your personal use;
(iii) no commercial use of the TrainWaybills.com Website will be done or authorized to be done by you;
(iv) by using the TrainWaybills.com Website you shall not infringe any third party's intellectual property or other rights;
(v) you will not make any change or modification to the TrainWaybills.com Website and/or copy any part of the TrainWaybills.com Website or the User Generated Content, without TrainWaybills.com's prior written permission; and
(vi) you shall not interfere with any other party use and enjoyment of the Website.
Although we fully moderator the site, Users are able to post their own content, therefore, TrainWaybills.com may contain some content that could be considered offensive. If any offensive material is found, you must report it immedietly to us for investigation and/or removal. By entering the Website and accessing and/or viewing any content or services on TrainWaybills.com, you represent that you either have permission from a Perent/Gardian or self certify that you and are fully able and competent to enter into this Agreement.
In case you wish to use the Website from a location that is outside the UK, you are kindly requested to ensure, at your own responsibility, that such use is in compliance with and does not violate any laws applicable in such location. TrainWaybills.com will not be responsible for any violation of local rules and regulations resulting from the use of the Website in such locations.
3. User Accounts
In order to use some features of the TrainWaybills.com Website, you will have to register with the Website, become a member, and have a valid user name and password. You must provide accurate and complete information when registering, and ensure that the information remains accurate, current, and complete. If TrainWaybills.com has reasonable grounds to suspect that such information is inaccurate or incomplete, it may suspend or terminate your access to and use of the Website and refuse any and all current or future use of the Website. TrainWaybills.com STAFF, MODERATORS, AND ADMINISTRATORS WILL NEVER ASK YOU FOR YOUR PASSWORD. TrainWaybills.com's use of any personally identifying information you provide as part of the registration process, is governed by the terms of the Privacy Policy.
Please note that a username may not:
(i) be identical to another username that already exists;
(ii) include the name of another person with the intention or perceived intention of impersonating that person;
(iii) be the name of another person or entity, without their authorization; or
(iv) violate the intellectual property rights of any third party.
In addition, TrainWaybills.com may refuse the registration or demand the replacement of any requested or existing username that it considers, in its sole discretion, as being inappropriate.
Your membership is solely for your personal use and is not transferable. You are solely responsible for the confidentiality, use, and maintenance of your username, password and EMail address, and for all activities that occur through your account. You agree that you will not disclose your username or password to any other person. You agree to notify TrainWaybills.com immediately of any unauthorized use of your username, password, or account, or any other breach of security. TrainWaybills.com is not responsible or liable for any unauthorized use of the website through your account until you notify us of any such unauthorized use. Unauthorized use of any account or other personal user information, including disclosure of your username or password is considered a breach of these Terms and may result in automatic termination of your account, which may not be reversible. You are responsible to ensure that you exit from your account at the end of each session if you are using a shared or public computer to access TrainWaybills.com, to prevent unauthorized access to your account. TrainWaybills.com is authorized to act on any communications and/or instructions received through your account and is not liable for any loss or damage due to any failure to comply with this section of the Terms. TrainWaybills.com cannot and will not be liable for any loss or damage arising from any failure to protect your username, password, or account information.
4. Intellectual Property Rights
All content and information on the Website including, without limitation, software, code, text, graphics, photos, images, sounds, audio clips, and video clips, promotional contests and interactive features, but excluding all UGC (collectively, "Content") is owned by TrainWaybills.com or its licensors and is protected by copyright and other intellectual property laws. All branding, trademarks, service marks and logos contained therein (collectively, "Marks") are the exclusive property of TrainWaybills.com or its licensors. The Content may not, in whole or in part, be copied, modified, reproduced, distributed, transferred, transmitted, broadcasted, published, displayed, sold, licensed, or otherwise exploited in any manner and for any purpose whatsoever, without the prior written consent of TrainWaybills.com. TrainWaybills.com reserves all rights not expressly granted in the Content.
Similarly, you may not copy, modify, reproduce, distribute, transfer, transmit, broadcast, publish, perform, display, sell, license, or otherwise exploit in any manner and for any purpose whatsoever, any third party's UGC obtained through the Website, without the prior written consent of its owner.
5. User Generated Content
For the avoidance of doubt, the term User Generated Content ("UGC") refers to any and all content generated by users and posted, uploaded, published, etc. by users to or through the Website. This may include, but is not limited to, images, video, audio, and/or text.
TrainWaybills.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any UGC. TrainWaybills.com does not endorse any UGC or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with UGC. You hereby waive any legal or equitable rights or remedies you have or may have against TrainWaybills.com with respect thereto, and agree to indemnify and hold TrainWaybills.com, its parent company, officers, directors, employees, agents, representatives, partners or anybody else on its behalf, harmless to the fullest extent allowed by law, regarding all matters related to your use of the Website.
You shall be solely responsible for your UGC and its consequences. In connection with your UGC, you affirm that:
(i) you own or have all the necessary licenses, rights, consents, and permissions to use and authorize TrainWaybills.com to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all UGC to enable inclusion and use of the UGC in the manner contemplated by the Website and these Terms of Service; and
(ii) you have the written consent of each and every identifiable individual person in the UGC to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the UGC in the manner contemplated by the Website and these Terms of Service.
By posting your UGC through or on the Website, you grant TrainWaybills.com a royalty-free, non-exclusive, worldwide, sublicenseable and transferable license to: use, reproduce, record, store, adapt, translate, modify, make derivative works (including without limitation, reformat, rename, edit, shorten, split UGC into segments and use as part of compilations), transmit, distribute, publicly perform or display the UGC and your username, via all forms of media now known or hereafter devised, all in connection with the Website and TrainWaybills.com's (and its successor's) business, including without limitation, promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including though third parties and/or cellular)
You also hereby grant each user of the Website or other viewer of your UGC a non-exclusive royalty-free right to access your UGC through the Website for all non-commercial and personal use.
The foregoing license granted by you terminates once you remove or delete a UGC from the Website. However, if TrainWaybills.com will then be using the UGC, for the promotion of the Website, it may continue to use of the said UGC, and the license granted for that purpose shall not be revoked or terminated.
In addition, by posting your UGC through or on the Website, you acknowledge and agree that:
(i) TrainWaybills.com is not responsible for any loss, damage, or corruption that may occur to you or any third party in connection with your UGC;
(ii) any UGC you provide for display on the Website will be considered non-confidential and TrainWaybills.com is not responsible for any use that may be done by third parties with or in connection with such UGC ;
(iii) TrainWaybills.com is not responsible for any reaction, messages or comment you may receive to or in connection with your UGC; and
(iv) TrainWaybills.com may add advertisements before, after, during or on the same web-page as your UGC.
In connection with UGC, you further agree that you will not submit any content that:
(i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TrainWaybills.com and the users of the Website all of the rights granted herein;
(ii) is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(iii) violates any legal rights of another person, including content that is invasive of privacy or publicity rights, the disclosure of any personal information, and content that is abusive, threatening, obscene, defamatory or libelous or harasses or advocates harassment of another person;
(iv) is false, misleading, deceptive or misrepresenting, including impersonating as another person;
(v) is vulgar, pornographic, violent, hateful, racially or ethnically offensive;
(vi) is illegal in any other way, encourages or promotes conduct that would be considered a criminal offense, give rise to civil liability, or violate any local, state, federal, or international law, or is inappropriate in any other way;
(vii) is or includes advertisements, solicitations of businesses or any other commercial content unless otherwise approved by prior written notice from TrainWaybills.com;
(viii) could be harmful to minors;
(ix) solicits or discloses any personal information from anyone on the Website;
(x) contains viruses, trojan horses, worms, time bombs, corrupted files or any other malicious applications and programs;
(xi) may be damaging or detrimental to the activities, operations, credibility or integrity of the Website and business of TrainWaybills.com or any third party.
(xii) allows any person who is banned from the site to be a part of your session or allow them to interact with the site using your session or account.
TrainWaybills.com does not permit illegal activities, including copyright infringing activities and infringement of intellectual property rights, on or through the Website, and does not condone inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal.
TrainWaybills.com does not permit the posting of any sort of nudity or inappropriate content on the profile of a user.
TrainWaybills.com shall be entitled, but have no obligation, to monitor UGC at all times to determine compliance with these Terms of Service and to satisfy any law, regulation, or authorized government request. TrainWaybills.com nonetheless does not assume nor shall it assume any responsibility for any UGC, nor any obligation to modify or remove any inappropriate or infringing UGC, and nor any responsibility for the conduct of the member broadcasting or posting any such UGC, and explicitly disclaims any and all liability in connection with the UGC. TrainWaybills.com is not, under any circumstances, responsible for the use or misuse, by anyone, of any information, personal or otherwise, that you transmit, in anyway, through the Website and/or UGC. You agree that TrainWaybills.com, in its sole discretion (with or without cause) and without notice, may monitor disputes between you and other users and that we shall have no liability for any action or inaction of yourself or any other user.
6. Copyright Infringement PolicyTrainWaybills.com has also adopted a policy and certain procedures regarding allegations of copyright infringement occurring on the Website. It is the policy of TrainWaybills.com to terminate the membership of any member who infringes the copyright rights of others upon receipt of proper notification to TrainWaybills.com by the copyright owner or the copyright owner's legal agent. TrainWaybills.com policy is to promptly process and investigate any allegations brought to its attention.
If you believe that your rights have been violated in any way that constitutes a copyright infringement, in any UGC, and you want TrainWaybills.com to remove or edit the UGC in question, please provide our designated agent with the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of rights in the work allegedly infringed;
(ii) a description of the copyrighted work claimed to have been infringed;
(iii) a description of the UGC that is claimed to be infringing and reasonably sufficient information to permit us to locate it (preferably, if applicable, a URL);
(iv) your address, telephone number, and/or e-mail address;
(v) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the information in the notice is accurate, and that you are the owner or authorized to act on behalf of the owner of the right that is allegedly infringed.
For this notice to be effective, you must provide it to TrainWaybills.com's designated agent for notices of claims of copyright infringement, which can be contacted by e-mail: [email protected]
In connection with the foregoing, TrainWaybills.com reserves the right, in its sole and absolute discretion, to terminate any broadcast, to remove of a posted UGC, and/or to suspend or terminate the access to and use to all or any part of the Website and refuse any and all current or future use of the Website, at any time, with or without prior notice, of any member and/or user who violates these Terms of Service.
TrainWaybills.com also reserves the right to decide whether a UGC is appropriate and complies with these Terms of Service, for all violations other than violations of intellectual property law, including but not limited to, in case of allegations of pornography, obscene or defamatory UGC.
7. Linking
While TrainWaybills.com encourages links to the Website, you may not link the Website to or from any third party Website which contains, posts or transmits any unlawful information of any kind, including any content that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal, or international law, or which may be damaging or detrimental to the activities, operations, credibility or integrity of the site and TrainWaybills.com.
8. Malicious Use
You agree not to interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. TrainWaybills.com will use reasonable information security practices and is not liable in the case of breach of implemented physical, technical and managerial security controls.
You may not collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes, including sending Spam, junk-mail, chain letters or any other form of bulk communications. You may not use the website to disrespect, attack, stalk, or otherwise harass any user or staff. This includes, but is not limited to, intentionally wasting the time of staff and/or moderators and/or abusing the ticket system.
You agree not to use or launch any automated system, including without limitation, 'robots', 'spiders', 'offline readers' and such, that accesses the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period. However, TrainWaybills.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TrainWaybills.com reserves the right to revoke these exceptions either generally or in specific cases.
You may not use the site in any way that may be damaging or detrimental to the activities, operations, credibility or integrity of the site and TrainWaybills.com, or that may interfere with any third party's access use and enjoyment of the Website.
9. Currencies/Transactions/Monetization
All prices stated on the site and collected by us are in $USD.
All Transactions, Credit Transactions and Purchasable items are covered by our Refund Policy.
10. Termination
This Agreement shall remain in full force while you use the Website and/or are a member of the Website. You may terminate your membership at any time, for any or no reason, by pressing delete account from your account settings menu. As described in the Refund Policy, any termination, on the part of either TrainWaybills.com or yourself, does not trigger reimbursement or refund, if appropriate, of any purchases made from or through TrainWaybills.com.
You agree that TrainWaybills.com, in its sole discretion (with or without cause) and without notice, may suspend or terminate your account (or any part thereof), password or use of the Website, and remove and discard any or all your UGC within the Website, at its convenience and for any or no reason whatsoever.
TrainWaybills.com may immediately deactivate or delete your account and all related information and files in your account and/or posted by you and/or bar any further access to such files or the Website generally.
TrainWaybills.com may, in its sole discretion, and at any time modify or discontinue (temporarily or permanently) the Website, any of the services provided therein, or any part thereof, with or without notice.
11. Advertising Terms of Use
TrainWaybills.com assumes no responsibility for any content or practices of third party sites that are linked to from the TrainWaybills.com Website or from Users of the TrainWaybills.com Website. By using the Website, you expressly relieve TrainWaybills.com from any and all liability arising from any third party's website. TrainWaybills.com may contain advertisements. TrainWaybills.com does not control, investigate, monitor, screen, guarantee, or take any responsibility for third party advertisements that are posted on the Website, nor does it control, investigate, monitor, screen, guarantee, or take any responsibility for any goods or services provided by the advertisers.
You agree that you will not submit any content which includes advertisements, solicitations of businesses, chain letters, spam, or any other commercial content unless otherwise approved by prior written notice from TrainWaybills.com. However, you may mention, publish, broadcast, distribute, etc., your own personal profiles, personal homepages, personal wish lists, and/or personal online stores, on the grounds that it does not contravene any other terms contained herein.
12. Warranty
Disclaimer you expressly understand and agree that:
I) Your use of the website is at your sole risk. To the maximum extent permitted by law, TrainWaybills.com, it�s officers, directors, employees, partners and agents disclaim any and all warranties, express or implied, in connection with the website and your use thereof.
II) The website, the materials on the website and any hyperlinked third party websites are provided on an "as is" and "as available" basis.
TrainWaybills.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; TrainWaybills.com makes no warranties or representations about the accuracy or completeness of the website's content (in this section the term content refers and includes also all UGC) or the content of any sites linked to this site and assumes no liability or responsibility for any:
(i) Errors, mistakes, or inaccuracies of content,
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(v) Any errors or omissions in any content (or UGC) or for any loss or damage of any kind incurred as a result of the use of any content (or UGC) posted, emailed, transmitted, or otherwise made available via the website.
III) To the maximum extent permitted by law, TrainWaybills.com makes no warranty that:
(i) The website will meet your requirements
(ii) The website will be uninterrupted, timely, secure, or error-free;
(iii) The results that may be obtained from the use of the website will be accurate or reliable; and
(iv) The quality of any product, service, information, or other material obtained or purchased by you through the website will meet your expectations. In connection with the foregoing, any opinion, view or idea contained in any broadcast, channel, article, story or column published on the website is that of the submitting user and does not reflect or represent the views of TrainWaybills.com or anyone on its behalf;
IV) Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
V) TrainWaybills.com does not represent warrant or endorse the accuracy, reliability, completeness or timeliness of any information, content, views, opinions, recommendations or advertisements distributed through or accessed from any of the services contained on this website. TrainWaybills.com does not represent, warrant or endorse any product, information or material that is displayed, purchased or obtained by you as a result of an advertisement or any other information or offer displayed on the website or any hyperlinked third party websites; and
VI) To the maximum extent permitted by law, no advice or information, whether oral or written, obtained by you from the website shall create any warranty not expressly stated in the terms and conditions.
13. Limitation Of Liability
You expressly understand agree that in no event TrainWaybills.com shall be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including lost of profit, resulting from:(i) The use or the inability to use the website;
(ii) Errors, mistakes, omissions or inaccuracies of content (in this section the term content refers and includes also all UGC);
(iii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
(iv) Unauthorized access to or alteration of your transmissions or data;
(v) Statements or conduct of any third party on the website;
(vi) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or
(vii) Any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not TrainWaybills.com was advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that TrainWaybills.com shall not be liable for user generated content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You expressly acknowledge that TrainWaybills.com has entered into these terms of service, and has and will make the website and content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these terms of membership, and that the same form an essential basis of the bargain between you and TrainWaybills.com.
The Website is controlled and offered by TrainWaybills.com from its facilities in the United Kingdom. TrainWaybills.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Indemnity
You agree to defend, indemnify and hold harmless TrainWaybills.com, its parent company, officers, directors, employees, agents and partners from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, or arising from:
(i) your violation of these Terms of Service;
(ii) your access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time;
(iii) your violation of any third party rights, including without limitation, any copyright, property, or privacy right;
(iv) any claim that your UGC caused damage to a third party; or
(v) your violation of any law or regulation.
This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
15. General
(i) Assignment - These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TrainWaybills.com without restriction.
(ii) Jurisdiction and governing law - These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over TrainWaybills.com, either specific or general, in jurisdictions other than the United Kingdom. Any claim or dispute between you and TrainWaybills.com that arises in whole or in part from this Website shall be decided exclusively by a court of competent jurisdiction located in the UK.
(iii) These Terms of Service, together with the Privacy Policy, the Refund Policy and any other legal notices published by TrainWaybills.com on the Website, shall constitute the entire agreement between you and TrainWaybills.com concerning this Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
(iv) No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TrainWaybills.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
(v) TrainWaybills.com reserves the right to amend or modify, at any time, these Terms of Service without notice.
(vi) For any questions relating to these Terms of Service, please contact us via the online Contact Us form or submit an e-mail to: [email protected]
(vii) TrainWaybills.com recommends that you check the Website periodically for any such amendments to the Terms of Service. TrainWaybills.com further recommends that you print a copy of these Terms of Service for future reference.
(viii) You and TrainWaybills.com agree that any cause of action arising out of or related to this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
BY CONTINUING TO USE THE WEBSITE, YOU ARE AGREEING TO ABIDE BY ALL THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF SERVICE.
Updated: June 6th 2023.
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