Terms and conditions
SAFER-LC Toolbox is created, maintained and administrated by UIC (hereinafter, also referred as ‘Administrator’).
SAFER-LC Toolbox purpose is to collect, produce and make available to its registered users a wide range of contents, information and resources in the professional domain of Level crossing safetyy.
1. ACCEPTANCE OF TERMS
UIC provides access to the SAFER-LC Toolbox and use of its functionalities (hereinafter also referred as “Service”) to Registered users subject to the following Terms & Conditions ("T&C"), which may be updated by UIC from time to time without prior notice;.
You can review the most current version of the Terms and Conditions at any time. In addition, when using particular UIC owned or operated services, you and UIC shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
All such guidelines or rules (including but not limited to our Spam Policy are hereby incorporated by reference into the T&C.
2. REGISTRATION REQUEST
SAFER-LC Toolbox is mainly designed for road and rail infrastructure managers, rail operators, researchers, safety authorities. In addition to that, subjects professionally involved at various title in safety of Level crossings are entitled to apply for registration (require access credentials) on the SAFER-LC Toolbox. Despite this, registration requests acceptance is solely based on evaluation and verification by SAFER-LC Toolbox Administrator and might be denied on a discretional basis.
Therefore, filling up and submitting the “Request an account” form doesn’t grant any right to be automatically registered in order to access on theSAFER-LC Toolbox as a user.
After filling out the Request access form on the SAFER-LC Toolboxaccess page, a communication will be sent to your email account to notify that the registration request is pending for approval by the SAFER-LC Toolbox Administrator.
3. REGISTRATION REQUEST OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services according to French law or other applicable legislation.
You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In case you provide any information that is untrue, inaccurate, not current or incomplete, or in case SAFER-LC Toolbox Administrator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SAFER-LC Toolbox Administrator has the right to suspend or terminate your account without any prior notice and refuse any and all current or future use of the Service (or any portion thereof).
4. REGISTRATION REQUEST REFUSAL
Registration refusal may be not expressly communicated to registration applicants, and no motivation for refusal will be due by the SAFER-LC Toolbox Administrator.
5. REGISTRATION REQUEST ACCEPTANCE
In case of registration request acceptance, an email is sent to the registered address, containing a hyperlink with a one-time login to the SAFER-LC Toolbox account registration page, where the registered user is invited to set a password for its user account and to complete its user profile with additional information.
6. SERVICE ACCESS LEVELS
In accordance with the type of applicant (e.g. UIC Member, UIC Partner, Public Authority Representative, Other), but depending solely on a discretional evaluation of the registration request, SAFER-LC Toolbox Administrator may grant different access levels to the SAFER-LC Toolbox and restrict some contents and/or functionalities to certain categories of registered users.
7. DESCRIPTION OF SERVICE
Through the SAFER-LC Toolbox, UIC provides registered users with access to a rich collection of resources, including communications tools, search services, information and contents produced and/or edited internally or by users/partners or third parties.
All the contents and services delivered through the SAFER-LC Toolbox are provided free of charge and for information purpose only. By no mean, the content of the SAFER-LC Toolbox should be considered as binding or otherwise having a legal value.
SAFER-LC Toolbox contents uniquely represent and express personal opinions of the respective content owners, authors and/or editors, and do not necessarily reflect the official positions of UIC. Nor the content authors and editors, nor the SAFER-LC Toolbox Administrator or UIC in general will be held liable for any of the views, comments and opinions expressed on or through the SAFER-LC Toolbox website.
Similarly, SAFER-LC Toolbox authors and editors, SAFER-LC Toolbox Administrator or UIC in general are not responsible for the integrity, correct functioning and safety, veracity, accuracy, legal and regulatory compliance of any of the contents or services stored, promoted, reproduced, shared or anyhow delivered through the SAFER-LC Toolbox , and shall not be therefore held liable for any kind of damage, service interruption and in general any other negative effect deriving directly or indirectly from SAFER-LC Toolbox use and/or membership.
SAFER-LC Toolbox registered users hereby understand and agree to access and use the SAFER-LC Toolbox website and all the related services on their own responsibility.
You hereby understand and agree that the Service provision may include certain communications from UIC such as service announcements, administrative messages and other forms of communication including but not limited to Newsletters, and that these communications are considered part of SAFER-LC Toolbox membership. Anyway, you will be able to opt out of receiving all or part of these communications.
Unless explicitly stated otherwise, also in case of new features that augment, enhance or anyhow modify the current Service, UIC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.,
Even if SAFER-LC Toolbox registration and membership are provided by UIC free of charge, you hereby understand and agree that access to the Service may involve third-party fees or expenses (such as Internet service provider or airtime charges)
You are the sole responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
The SAFER-LC Toolbox is open only to road and rail infrastructure managers, rail operators, researchers, safety authorities and as such, data processing on it is subject to the EU Regulation 2016/679 of April 27 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as French law N°2018-493 of June 20th 2018 modifying the law of January 6, 1978, together with its decree N°2018-687 of August 1st 2018
Under the aforementioned legislation, users have the right to access and rectify their personal data, the right to oblivion, the right to limitate the processing of personal data, the right to oppose to the processing of personal data, and the right to give instructions on its personal data after their death
To exercise these rights, please contact the Data Protection Officer at the following address: email@example.com, and justifying your identity.
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
In case your request of registration to the Service is accepted by the Administrator, you will receive an email with a link to a one-time login to your provisional account where you must select a password and provide the information which are required to in order to finalize your Service's registration process. You are entirely responsible for choosing a unique and strong password and maintaining the confidentiality of your password and account details. In addition, you are fully responsible for all actions and activities that are performed or otherwise occur under your password or account. You hereby agree to (a) immediately notify UIC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You understand and agree that UIC cannot and will not be liable for any loss, damage or any other effect arising from your failure to comply with this Section.
10. MEMBER CONDUCT
You understand that all information, data, text, software , sound, photographs, graphics, video, messages, tags or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not UIC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. UIC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will UIC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
You acknowledge, consent and agree that UIC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of UIC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by UIC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from France or the country in which you reside.
12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
UIC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant UIC the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available and in general for the purposes of the SAFER-LC Toolbox This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or UIC removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
13 USE, RESALE OF SERVICE AND CONTENTS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You hereby understand and agree not to, republish, , share or anyhow divulgate any content that you don’t legally own without being expressly authorized by SAFER-LC Toolbox Administrator and by the content authors.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that UIC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on UIC 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that UIC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that UIC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that UIC reserves the right to modify these general practices and limits from time to time.
15. MODIFICATIONS TO SERVICE
UIC 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. You agree that UIC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. SERVICE AND ACCOUNT TERMINATION
You agree that UIC may, under certain circumstances and without prior notice, immediately terminate your SAFER-LC Toolbox account, and your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities [CS1]
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because UIC has no control over such sites and resources, you acknowledge and agree that UIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, services, advertising, products or other materials promoted, sold or anyhow available on or through such sites or resources. You further acknowledge and agree that UIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by UIC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
UIC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by UIC for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
b. UIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 UIC 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 THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
UIC respects the intellectual property of others, and we ask our users to do the same. UIC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users infringing copyright rules. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide UIC 's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a 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;
- a statement by you, , that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
UIC 's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Ms. Marie-Helene BONNEAU at firstname.lastname@example.org
22. GENERAL INFORMATION
Entire Agreement. The T&C constitutes the entire agreement between you and UIC and governs your use of the Service, superseding any prior agreements between you and UIC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other UIC services, affiliate services, third-party content or third-party software.
[CS1]À supprimer seulement si l’inscription à la plateforme est gratuite pour tous les utilisateurs