Terms and Conditions
GENERAL TERMS FOR USE OF "FOR TOMORROW ONLINE HUB"
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1. DEFINITIONS AND INTERPRETATION
- 1.1 In these Terms, unless the context otherwise requires:
"Commentator" means a member of the public who posts Material;
"E.G.L." means Eurostar Group Limited and includes its legal representatives, successors and assigns;
"E.G.L. Items" means any materials, items and equipment to be provided to you by E.G.L. pursuant to these Terms;
"Eurostar" means the international passenger train service which EGL manages part of the commercial operation;
"Material" means any material including but not limited to any text, photographs, video graphics or sound material posted or uploaded onto the Website;
"Moderator" means the person responsible for receiving and publishing the Material on the Website;
"Privacy Policy" means E.G.L.’s privacy policy which may be viewed at: eurostar.com
"Terms" includes these general conditions, schedules and the content of any document or provision expressly included as part of these Terms;
"Viewer" means a member of the public who views the Website;
"Website" means the URL of www.eurostar.com/fortomorrow where the online hub is located; and
"Working Day" means a day (not being a Saturday or Sunday) on which banks are generally open for business in London.
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2. TERMS OF USE
- 2.1.1 By using www.eurostar.com/fortomorrow you agree to be bound by these Terms, which shall take effect immediately on your first use of www.eurostar.com/fortomorrow. If you do not agree to be legally bound by all of the following Terms please do not access and/or use www.eurostar.com/fortomorrow.
- 2.1.2 E.G.L. may update these Terms from time to time without notice to you. You should review the Terms periodically for changes. Your continued use of www.eurostar.com/fortomorrow means you agree to be legally bound by these Terms as updated and/or amended.
- 2.1.3 When you register, you register as a personal user of the Website and we will allow you access to the registration areas of the site on the basis that your email address and password are personal to you and may not be used by anyone else to access the Website.
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3. PRIVACY POLICY
- 3.1 Certain information about you is subject to E.G.L.’s Privacy Policy. For more information, please refer to E.G.L.'s Privacy Policy.
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4. USER CONDUCT
- 4.1 You acknowledge that all Material submitted or posted by you is solely your responsibility. You will not do anything which would assist anyone who is not a registered user to gain access to any area of the Website.
- 4.2 You will not maliciously create additional registration accounts for the purpose of abusing the functionality of the Website or other users; nor will you seek to pass yourself off as another user.
- 4.3 You acknowledge that by using the Website, you may be exposed to Material that is offensive, indecent or objectionable. Under no circumstances will E.G.L. be liable in any way for any Material, including, but not limited to, for any errors or omissions in any Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, emailed or otherwise transmitted via the Website.
- 4.4 You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on all the accuracy, completeness, or usefulness of such Material. In this regard you may not rely on any content in the Website created by E.G.L. or uploaded or posted onto the Website by a third party.
- 4.5 You acknowledge that publication of any Material you submit or post will be at the sole discretion of E.G.L. and its designees who shall have the right (but not the obligation) to make additions or deletions to the text or graphics prior to publication, or to refuse publication. Without limiting the foregoing, E.G.L. and its designees shall have the right to remove any Material which it considers violates these Terms or is otherwise objectionable.
- 4.6 Warranties You warrant not to use the Website to:
- 4.6.1 Submit or post any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory of any person or object, vulgar, obscene, profane, sexually oriented, libellous, invasive of another’s privacy, disruptive, offensive, abusive, hateful, in violation of any trade secrets or racially, ethnically or otherwise illegal or objectionable;
- 4.6.2 Submit or post any Material which is deliberately intended to upset any person;
- 4.6.3 Harm minors in any way;
- 4.6.4 Impersonate any person or entity, including, but not limited to, an E.G.L. employee or falsely state or otherwise misrepresent your affiliation with a person or entity. Adopting an inappropriate user name (for example, one that is vulgar) is also unacceptable;
- 4.6.5 Submit or post any Material that violates, plagiarises or infringes the intellectual property rights of any person;
- 4.6.6 Submit or post any advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", any other form of solicitation or uploading posting of very similar Material on more than one occasion;
- 4.6.7 Submit or post any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 4.6.8 Deliberately misuse the "notice and take-down" complaints facility;
- 4.6.9 Submit or post any personal information about any person including yourself (for example: telephone number, home address or e-mail address), or include postal addresses of any kind;
- 4.6.10 Provide any Material with the intention of committing or promoting an illegal act;
- 4.6.11 Provide any Material in respect of which you do not have the intellectual property rights or other permission to distribute the Material electronically;
- 4.6.12 Submit or post any references to any URL which is infringing copyright.
- 4.7 Submission of photographs You further warrant that:
- 4.7.1 You will have either yourself taken the photograph or you shall have obtained the appropriate permission from the owner of the photograph to upload or post the photograph onto the Website for the purpose of publication on the Website and that you have the right to make the photograph available to E.G.L.;
- 4.7.2 If a photograph is of a small number of people all of whom are clearly recognisable, prior to the publication of the photograph on the Website, you have obtained the consent to such publication from all of the photograph subjects;
- 4.7.3 If a photograph of a large group of people has been edited and cut down so that a small number of people have been isolated and are clearly recognisable, prior to the publication of the photograph on the Website, you have obtained the consent of all of such photograph subjects to such publication; and
- 4.7.4 If any photograph depicts an object which is either movable or immovable and which is located on either private or public property, and it would be reasonable for the owner of such an object to be opposed to the publication of the photograph on the Website, you have obtained the consent of such object owner to such publication prior to such publication of the photograph taking place unless the said object is situated on public property and the object forms part of and blends into a greater architectural work.
Submission of text
- 4.8 You warrant that any Text you submit to or post on the Website is your own original work and that you have the right to make it available to E.G.L. in accordance with these Terms.
General
- 4.9 You shall comply with all directions provided to you by E.G.L.
- 4.10 You agree that E.G.L. may access, preserve, and disclose your Material: (a) to its affiliated companies; and (b) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary.
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5. RIGHTS IN COMPLETED WORK
- 5.1 Where you submit or post any Material to E.G.L. you agree, by submitting the Material, to grant E.G.L. a perpetual, royalty-free, non-exclusive, sub-licence able right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Material worldwide and/or to incorporate the Material in other works in any media now known or later developed for the full term of any rights that may exist in the Material, and in accordance with privacy restrictions set out in E.G.L.'s Privacy Policy. If you do not want to grant to E.G.L. the rights set out above, please do not submit Material to the Website.
- 5.2 All logos, trade names or trademarks used by E.G.L. or its associated companies in the course of such companies’ business including, by way of example only, the trademark “Eurostar”, are the property of E.G.L. or its associated companies. E.G.L. or its associated companies as appropriate reserve all intellectual property rights in relation to the use of such logos, trade names or trademarks by any other person, company or organisation. Any such use will be permitted only at the sole discretion of and in accordance with such terms and conditions (including the payment of a licence fee) as may be imposed by E.G.L. or its associated companies from time to time.
- 5.3 Except solely for your own personal and non-commercial use, no part of the Website may be copied, published, broadcast or adapted without the prior written consent of E.G.L.
- 5.4 The names, images and logos on the Website which identify third parties and their products and services are subject to copyright, design rights and trade marks of such third parties.
- 5.5 Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any intellectual property rights of E.G.L. or any third party.
- 5.6 This clause 5 shall survive the expiration or termination of these Terms.
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6. NOTICE AND TAKE DOWN POLICY
- 6.1 If you wish to complain about any individual piece of content on the Website then please contact us using by using our "Contact us" page outlining the nature of your complaint, quoting the content in full and specifying the URL of the page the content is on. We will respond to your complaint within two Working Days.
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7. GENERAL PRACTICES REGARDING USE AND STORAGE
- 7.1 You acknowledge that E.G.L. may establish and from time to time, amend general practices and limits concerning use of the Website. You agree that E.G.L. has no responsibility or liability for the deletion or failure to store any Material.
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8. VIEWING THE WEBSITE
- 8.1 You may only view the Website if you will conduct your viewing within the legal jurisdictions of England.
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9. MODIFICATIONS TO WEBSITE
- 9.1 E.G.L reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that E.G.L. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
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10 LINKS
- 10.1 The Website may provide, or third parties may provide, links to other world wide web sites or resources. Because E.G.L. has no control over such sites and resources, you acknowledge and agree that E.G.L. 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, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that E.G.L. 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.
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11 E.G.L.'s PROPRIETARY RIGHTS
- 11.1 You acknowledge and agree that the Website and any necessary software used in connection with the Website ("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 sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by E.G.L. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
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12 INDEMNITY
- 12.1 You agree to indemnify and hold E.G.L. and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from all claims, liabilities, losses, damages, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of Material you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of another.
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13 DATA PROTECTION
- 13.1 If you have indicated in the registration form that you wish to receive direct marketing material, your personal details will be included in a database compiled for direct marketing purposes. From time to time, you may receive direct marketing information from us or from third parties.
- 13.2 If you have indicated that you wish to receive email updates only from E.G.L., you personal details will be kept on a database compiled for this specific purpose.
- 13.3 If you no longer wish to receive either direct marketing materials or email updates, please notify hub.admin@eurostar.co.uk. We will remove your details from the relevant database as soon as reasonably practicable.
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14 DISCLAIMERS
- 14.1 You expressly acknowledge and agree that:
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- 14.1.1 Your use of the Website is at your sole risk.
- 14.1.2 Any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that 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.
- 14.1.3 No advice or information, whether oral or written, obtained by you from E.G.L. or through or from the Website shall create any warranty or other obligation not expressly stated in these Terms.
- 14.1.4 E.G.L. disclaims any liability for the reproduction of the Website through a third party website or access to the Website obtained through a third party website or any user’s home page, which reproduction misstates or omits any of the content contained on the Website.
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15 LIMITATION OF LIABILITY
- 15.1 E.G.L. accepts no liability in respect of any material submitted by you and E.G.L. is not responsible for the content and accuracy of any Material.
- 15.2 E.G.L. will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Material or any part of it (except for death or personal injury attributable to E.G.L.’s negligence and to the extent permitted by law).
- 15.3 You expressly acknowledge and agree that under no circumstances will E.G.L. be liable for any direct or indirect loss, cost or damage resulting from any of the following circumstances (regardless of the form of action): (i) the use or the inability to use the Website; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Website; (iv) any access to any other material on the internet via links from this Website or (v) any other matter relating to the Website.
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16 TERMINATION
- 16.1 You agree that E.G.L. may in its sole discretion and at any time terminate your use of the Website and remove and discard any Material from the Website. E.G.L. may also in its sole discretion and at any time discontinue operating the Website
- 16.2 This clause 16 shall survive the expiration or termination of these Terms.
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17 NOTICES
- 17.1 Notices to you may be made via either e-mail or regular mail.
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18 NEGATION OF AGENCY
- 18.1 Nothing in these Terms shall render you an agent, partner or employee of E.G.L.
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19 GOVERNING LAW
- 19.1 The Website (excluding links to third-party sites) is controlled and operated by E.G.L. from its offices in London, England. While E.G.L. has made no effort to publish the Website site elsewhere, because this site is published on the World Wide Web it is accessible in all countries outside of England. You and E.G.L. both benefit from establishing a predictable legal environment in which to publish, access and use the Website. Therefore, by publishing, accessing and/or using the Website, you and E.G.L. explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of England, without regard to its conflicts of law principles. You agree that all claims you may have against E.G.L. arising from or relating to the operation or use of the Website will be heard and resolved in a court of competent subject matter jurisdiction located in England. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than England, you will be responsible for compliance with all local laws of such other jurisdiction.
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