Certain Defined Terms
The following defined terms appear in this Terms of Service.
“You” or “user”: A person that applies to, or registers to use, or uses, the Service of Eurail.
“Account” or “user account”: An account, containing personal data, gives a person access to the Service.
“Service”: The Eurail service, described in this Terms of Service,
“we”, or “us”: Eurail
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account you use to access the Services. Accordingly, you agree that you will be solely responsible for all activity occurring under your User accounts and shall abide by all applicable national or foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall:
Notify Eurail immediately of any unauthorized use of any password or account or any other known or suspected breach of security;
Report to Eurail immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you;
Not impersonate another Eurail user or provide false identity information to gain access to or use the Service.
Eurail's services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Eurail is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services is protected by intellectual property rights which are owned by Eurail.
You acknowledge and agree that Eurail owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Eurail and that you shall not disclose such information without Eurail’s prior written consent.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including but not limited to copyright and trade mark notices) which may be affixed to or contained within the Services.
Licence from Eurail
Eurail gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Services provided to you by Eurail as part of the Services as provided to you by Eurail (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Eurail, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
Content from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the content you give Eurail a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
You agree that this licence includes a right for Eurail to make such Content available to other companies, organisations or individuals with whom Eurail has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Eurail, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Eurail to take these actions.
You confirm and warrant to Eurail that you have all the rights, power and authority necessary to grant the above licence.
Limitation of Liability
Nothing in these Terms shall exclude or limit Eurail’s liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to overall provision in paragraph above, Eurail, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
B. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
any loss or damage which may be incurred by you as a result of:
- any changes which Eurail may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
your failure to provide Eurail with accurate account information;
your failure to keep your password or account details secure and confidential;
Disclaimer of Warranties
Eurail and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Eurail and its licensors do not represent or warrant that:
The use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, or
The service will meet your requirements or expectations, or
Any stored data will be accurate or reliable, or
The Quality of any products, services, information, or other material purchased or obtained by you through the Service will meet you requirements, or
Errors or defects will be corrected, or
The service or the server(s) that make the service available are free of viruses or other harmful components.
The service and all content is provided to you on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Eurail and its licensors.