www.railbuddies.com is wholly owned and operated by Urban Scribble Limited.
Statement of Rights and Responsibilities
1. Privacy
2. Sharing Your Content and Information
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Railbuddies (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
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We always appreciate your feedback or other suggestions about Railbuddies, but you
understand that we may use them without any obligation to compensate you for them
(just as you have no obligation to offer them).
3. Safety
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Railbuddies.
- You will not collect users' content or information, or otherwise access Railbuddies, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Railbuddies.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Railbuddies to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Railbuddies, such as a denial of service attack.
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You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
- You will not provide any false personal information on Railbuddies, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use Railbuddies if you are under 13.
- You will not use Railbuddies if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username
for your account we reserve the right to remove or reclaim it if we believe appropriate
(such as when a trademark owner complains about a username that does not closely
relate to a user's actual name).
- You are responsible for maintaining the security of your account and password. Urban Scribble cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Railbuddies that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Railbuddies if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Railbuddies and the Railbuddies Logos), or any confusingly similar marks, without our written permission.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Railbuddies) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information on Railbuddies.
6. Mobile
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees will still apply.
7. Termination
- If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Railbuddies to you. We will notify you by email or at the next time you attempt to access your account.
- You are solely responsible for properly deleting your account. You can delete your account at any time by clicking the delete account link on your my account page at www.railbuddies.com/my/account
- Data will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- Urban Scribble, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account. Urban Scribble reserves the right to refuse service to anyone for any reason at any time.
- In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 3-5 and 7-11.
8. Disputes
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Railbuddies exclusively in a court located in the United Kingdom. The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the United Kingdom for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Railbuddies, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP RAILBUDDIES UP, BUG-FREE, AND SAFE, BUT YOU USE
IT AT YOUR OWN RISK. WE ARE PROVIDING RAILBUDDIES AS IS WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT
RAILBUDDIES WILL BE SAFE OR SECURE. RAILBUDDIES IS NOT RESPONSIBLE FOR THE ACTIONS,
CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH
THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS
STATEMENT OR RAILBUDDIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR RAILBUDDIES WILL
NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID
US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RAILBUDDIES'S LIABILITY WILL BE LIMITED
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Modifications To The Service
- Urban Scribble reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Urban Scribble shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Definitions
- By Railbuddies we mean the features and services we make available, including through (a) our website at www.railbuddies.com and any other Railbuddies branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Railbuddies or provide data to us.
- By information we mean facts and other information about you, including actions you take.
- By content we mean anything you post on Railbuddies that would not be included in the definition of information.
- By data we mean content and information that third parties can retrieve from Railbuddies or provide to Railbuddies through Platform.
- By post we mean post on Railbuddies or otherwise make available to us (such as by using an application).
- By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By active registered user we mean a user who has logged into Railbuddies at least once in the previous 30 days.
- By application we mean any application or website that uses or accesses
Platform, as well as anything else that receives or has received data from us.
If you no longer access Platform but have not deleted all data from us, the term
application will apply until you delete the data.
11. Other
- This Statement is an agreement between you and Urban Scribble Limited. References to “us,” “we,” and “our” mean Urban Scribble Limited, as appropriate.
- This Statement makes up the entire agreement between the parties regarding Railbuddies, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Railbuddies.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Urban Scribble, or any other Urban Scribble service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Urban Scribble.
- You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You expressly understand and agree that Urban Scribble shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Box UK has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or regarding the service; (v) or any other matter relating to the service.