Terms & Conditions of Use of Network Rail Infrastructure Limited (Network Rail) Brand Centre Site (“Terms and Conditions”)

 

Welcome to the Network Rail Brand Centre. 

 

Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access to and use of this site (currently at http://brand.networkrail.co.uk) (the “Site”) and the Content available on or through the Site (collectively, the "Services"). If you do not agree with them, you should not proceed any further. By continuing to browse or otherwise use the Services, you agree to be bound by these Terms and Conditions.

 

1          Eligibility

1.1     You are permitted to access and use the Services for lawful purposes in compliance with these Terms and Conditions if you are registered on the Authorisation List.

 

1.2        Different levels of authorisation may be granted (i.e. viewing only or viewing and ordering).

 

1.3        If you wish to confirm whether you are registered on the Authorisation List, please contact our brand team at brand@networkrail.co.uk

 

2          Permitted Use

 

2.1        You undertake that except with the prior written consent of Network Rail you shall use the Content solely for the lawful purposes of the businesses of Network Rail ("Permitted Purpose"). In particular, but without limitation to the foregoing, you must:

 

(a) comply with any additional restrictions or other requirements in relation to the use of the Content which are or may be set out on this Site and which reflect the rights which Network Rail has to use and allow other authorised users to use and exploit the Content;

 

(b) not display the Content or any part of it in any public area or on a bulletin board or internet site, nor transmit it over the world wide web, (except as permitted by the [“Scope of Rights”/copyright document]);

 

(c) not pass on any Content or any information contained in the Content to any Person  who is not a Network Rail or an Authorised Supplier.

 

(d) not use the Content  in any manner which infringes the intellectual property rights or any other right of any licensor of Network Rail or other third party;

 

(e) not download or store the Content locally on your PC or other media in a permanent format other than for the permitted purpose. If the same piece of Content is downloaded for a different purpose it should be downloaded again from this website. This is important to ensure that the permission to use such Content has not expired or changed in the meantime and to ensure that no copies of Content are kept beyond the permitted term of use.

 

(f)  not attempt any unauthorised access to any part of the Site nor the Content;

 

(g) not upload or transmit any materials through the Site except as previously agreed with Network Rail in writing;

 

(h) only use the Content in compliance with (i) applicable legislation including without limitation applicable advertising and marketing codes, and (ii) the terms and conditions of any commercial, branding or other agreement between the Network Rail and any other Company as may be in force from time to time in connection with access to and use of the Content by Network Rail.

 

2.2     It is your sole responsibility to satisfy yourself prior to using the Content in any way that it is suitable for your purposes and up to date. Network Rail does not represent or warrant that the Content is accurate, complete or current.

2.3        Except as expressly permitted by these Terms and Conditions or applicable laws, you must not copy, remove, reformat, modify, interfere with, obscure, display, distribute, transmit, publish, licence, create derivative works from, sell or otherwise transfer or make available any Content or other information, products, services or software obtained from the Services or in any way decompile or reverse engineer the software underlying this Site.

2.4        You must ensure that any username and password issued to you to access this Site is at all times kept safely and secure and not given to any other person. If you suspect that the password is no longer safe, please immediately contact Network Rail so that your old password can be invalidated and a new password will be issued.

 

3           Intellectual Property Rights

 

3.1        The logos, trade marks, and other intellectual property or proprietary rights (including any patents, copyright and related rights, database rights, design rights, trade marks, trade names, service marks (whether any of the foregoing are registered or unregistered and including any applications to protect any of the foregoing), know how and confidential information and all rights or forms of protection of a similar nature existing anywhere in the world) in the Content or which otherwise appear or subsist in the Site are the property of Network Rail or its licensors (the “Intellectual Property Rights”). You are only permitted to use the Services (and any Intellectual Property Rights therein) as expressly authorised by Network Rail or its licensors and, in respect of the Content, as described in any applicable [“Scope of Rights”/copyright] document posted together with the Content on the Site.

 

3.2        Other than as expressly provided in these Terms and Conditions, nothing on this Site or arising from your use of the Content  shall be construed as conferring any licence, consent, permission or other transfer of rights to you of any Intellectual Property Rights, whether by estoppel, implication or otherwise. Except as expressly set out in these Terms and Conditions, you may not reproduce, modify or in any way commercially exploit or otherwise make available any of the Content. In particular, you may not without the prior written permission of Network Rail and the originating advertising agency:

 

3.2.1     Redistribute any Content;

 

3.2.2     Remove any of the intellectual property or other proprietary notices or otherwise alter the  same; or

 

3.2.3     Create a database howsoever by downloading and storing all or any Content in any form or  media.

 

4           Your responsibilities

 

4.1        Network Rail has obtained licences and/or consents to use the Content that is made available for order and/or download from the Site, as detailed in Clause 3.1 above,  unless otherwise specified alongside any content on the site. In this case please note that it is the responsibility of each Network Rail Company to make all additional payments to content creators, performers, music publishers, producers and any other parties who have Rights in any of the Content (“Rights Owners”) which may be payable to Rights Owners.

 

4.2        By ordering, downloading or using any of the Content from this Site, you, a duly authorised officer of Network Rail or the Authorised Supplier, agree on behalf of Network Rail or Authorised Supplier that it shall indemnify Network Rail and keep Network Rail indemnified against, and hold Network Rail free and harmless from, any and all claims, proceedings, liabilities, costs, losses, damages and expenses, including legal fees, suffered or incurred by Network Rail arising out of or connected with the use of the Content by the Network Rail or the Authorised Supplier, or its or their agents, sub-contractors or other representatives acting on its or their behalf, in breach of these Terms and Conditions.

 

4.3        You are solely responsible for any information submitted to be made available on this Site including, without limitation, ensuring such information is accurate and up-to-date and that it is not misleading and/or likely to mislead or deceive, discriminatory, offensive, obscene, defamatory or otherwise illegal, unlawful nor in breach of any applicable legislation, regulations, guidelines, codes of practice nor an infringement of any intellectual property rights of any person in any jurisdiction provided such use is in accordance with the information set out in the [“Scope of Rights”/copyright] document posted together with such Content. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this intranet. Network Rail reserves the right to remove any information supplied by you from the intranet at its sole discretion, at any time and for any reason without being required to give any explanation. You shall be responsible for ensuring that Content is taken down from this intranet as soon as any right to use or display such Content has expired.

 

4.4        You must not undermine or seek to undermine the security of the Site or any information submitted to or available through it nor seek to access information you are not authorised to access. For example if any Content displayed on the Site is “for viewing only” or “creative work in progress” then such Content shall in no event be used for any purpose other than for viewing on the Site only.

 

4.5        You must not alter or delete or seek to alter or delete any Content where you do not have the express permission of Network Rail and the originating advertising agency to do so.

 

4.6        You must not overload or seek to overload the Site via spamming or flooding, or take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Site or attempt to decipher, disassemble or modify any software, coding or information comprised in the Site.

 

4.7        You must notify Network Rail immediately if anyone makes or threatens to make any claim against you relating to your use of the Services.

 

5           Network Rail’s liability to you

 

5.1        Network Rail reserves the right at any time and without prior notice to you to edit, modify, suspend, terminate access to or remove the Services or to temporarily or permanently withdraw or terminate your access to the Services and may refuse to process any order or download for any reason. Network Rail will not be liable to you or any third party in such circumstances.

 

5.2        Network Rail shall use its reasonable endeavours to ensure the maintenance and availability of the Services but availability may be affected by your equipment, communication networks, too many people trying to use the Services at the same time or other causes of interference including without limitation emergency maintenance of the Site which has to be carried out without notice.

 

5.3        Nothing in these terms and conditions shall limit or exclude Network Rail’s liability for personal injury or death caused by the negligence or fraud of Network Rail.

 

5.4        Network Rail does not warrant the accuracy or completeness of the information on this Site and does not accept any liability arising from any inaccuracy or omission in any of the information on this Site or any liability in respect of information on this Site supplied by you, any other web site or any other Person.

 

5.5        The Services are provided on an "as is" and “as available” basis. To the fullest extent permitted by law, all conditions or warranties, representations or other terms of any kind whether express or which may be implied by statute, common law or otherwise or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded.

 

5.6        Due to the inherent risks in using the Internet, Network Rail cannot be liable for any damage to, or viruses that may infect, your computer equipment or other property when using or browsing the Site, using the Services or when downloading any Content and shall not be liable for any losses, claims, damages, or any punitive, indirect, incidental or consequential loss or damage of any kind (including but not limited to lost profits or lost savings or loss or corruption of data) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use/ misuse of or inability to use the Services and (ii) any failure or delay in the use or misuse of or inability to use or any non-delivery of any component of the Services even if Network Rail has been forewarned of such loss or damage.

 

5.7        Network Rail shall not be liable to you in any way for loss, damage or delay consequent upon any circumstances beyond its reasonable control including but not limited to computer viruses, Act of God, inclement weather, act or omission of Government or public telephone or telecommunications operators or other competent authority or other party for whom Network Rail is not responsible.

 

5.8        Your only remedy under these terms and conditions is to discontinue using the Services.

 

5.9        Network Rail may include links to third party websites on this Site. Network Rail excludes all liability in relation to such third party websites including any content on such third party websites and any statements and expressions made on these website. Please note that use of such third party websites may be subject to such third party’s terms and conditions.

 

5.10    Network Rail does not assume liability for information that is available via the Network Rail Brand Centre or in marketing e-mails with the exception of information that contains a notation indicating the authorship of Network Rail or which obviously stems from Network Rail. Moreover, Network Rail exercises no control over information that is stored on external servers, servers with public access, Usenet news servers, discussion forums and chat rooms, etc. The information contained on the Network Rail Brand Centre is subject to change at any time. Network Rail cannot guarantee that this information is complete or current. The User uses the Network Rail Brand Centre at his or her own risk.

 

6          General

 

6.1        Network Rail reserves the right to revise these Terms and Conditions at any time. By continuing to use the Services you will be deemed to have accepted the revised Terms and Conditions.  It is your responsibility to check periodically to ensure that you have read the most current version.

 

6.2        You acknowledge and agree that by accepting these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions as a warranty. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.

 

6.3        Nothing in these Terms and Conditions shall, however, operate to limit or exclude any liability for fraud, death or personal injury.

 

6.4        A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of these terms and conditions. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the English courts. 

 

6.5        If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

 

6.6     It should be assumed that the information available via the Network Rail Brand Centre or in marketing e-mails is protected by copyright and may only be used for commercial purposes with the agreement of the author and in return for remuneration.

 

6.7     When you visit our Brand Centre or read our marketing e-mails, we save various types of information. You enter some of the data yourself when you register for services, e.g. name, address and areas of interest. Other data not relating to your person are saved for the purpose of technical processes, e.g. IP addresses. You make other data known when you use certain services, e.g. when you enter competitions, forums or chat rooms, when you order goods or services or when you contact us directly.

 

Our and our marketing e-mails offers links to other websites. We have no influence over the way in which the providers of linked websites make use of the information shown on these pages. If you have any questions in this respect, please contact these other companies directly. We are not responsible for the content of these sites or for ensuring that they comply with the data protection regulations.

 

6.8     In cases we use ´cookies´. A cookie is a small file that is sent from the web server to your Internet browser and saved in your computer. This enables us to recognise you the next time you visit us. Cookies and other such technical procedures are used to enable certain processes, services and transactions, e.g. if you use a virtual shopping basket in an electronic shopping centre on the Internet. You can change the settings of your browser to either make a warning appear on the screen before a cookie is saved or to prevent cookies from being set. You are free to accept or reject the advantages of personal cookies. However, if you reject personal cookies certain services cannot be used.

 

6.9     We process your data for the provision of our services. As our customer, you also consent to our use of your data for marketing purposes within Network Rail.

 

6.10    Our services might also include chat rooms. Please note that information you send to chat rooms can be accessed by the public. You should therefore be very careful about making private data publicly known.

 

7          Choice of law; Jurisdiction and Venue

For the use of the Site and the Services and any disputes arising with regard to these Terms and Conditions, the laws of England apply exclusively. As far as legally permissible, the courts of England and Wales are agreed to have exclusive jurisdiction and venue for any disputes arising from or in connection with the use of the Site and the Services and these Terms and Conditions.

 

8          Definitions

 

8.1     “Authorisation List” is a list of registered Users, approved by Network Rail to use the Site.

 

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