1. Description of services
We want Railbirds to be a fun and safe place for you to chat, share and have a good time. But we expect you to be responsible in how you use Railbirds - and to comply with the law online in the same way you would offline. For that reason we need to set down rules that control your use of Railbirds, including these Terms of Service. By agreeing to become a member, and continuing to use the website, you agree to be bound by these Terms of Service and any other rules and terms that we set down from time to time.
We want to keep improving Railbirds, so we will add new services, and remove some old services, when we think it is appropriate. We may also decide to start charging for some services which are currently free. We will be entitled to make any of these changes at our sole discretion, and without incurring any liability to you. We will always let you know about these changes by posting a message on the site, and where relevant sending a message to your email account. It is up to you to check this regularly, and make sure that you know what rules apply to Railbirds.
We try to make sure that Railbirds operates properly at all times, but the site and the services are provided on an "as is" and "as available" basis. We will do everything reasonably possible to restore the website if it becomes unavailable, but we do not guarantee either the availability or accessibility of the website or any service in any way. We will not be liable to you in any way, if for any reason you cannot use the site or any services at any particular times.
We are not an internet service provider - it is up to you to make sure you can access the internet, and make sure that you are using appropriate software to make full and safe use of the site, including using appropriate virus scanning and filtering systems.
3. Information provided by us
Where we provide information on the website it is general in nature and you should not rely on any claims or endorsements for any goods or services discussed or described, or on other information provided on the website.
4. Communication with others through Railbirds
Railbirds is all about communication - it is a way of allowing people to share their information, opinions, photos and other content. This means that when you use Railbirds you will see whatever other members have decided to post, and you may be contacted by any other member.
All members must comply with the rules set down in these Terms of Service, and we trust that all of our members will use the website responsibly, and in a way that doesn't offend or upset other members.
However, you acknowledge that we are not and cannot be responsible for the behaviour of our members, whether on the site or outside of it. Railbirds only provides a venue where people can meet and chat online, and we do not generally intercept or screen communications between members.
5. Content posted by others on Railbirds
We do not generally monitor the content on Railbirds, and by using the site you accept that you will be exposed to content posted by other members, some of which you may find offensive or upsetting. Any recommendation or other information posted on Railbirds by other members is followed by you at your own risk and we do not warrant the accuracy of any information posted on the site.
If you discover any content or behaviour of other members which you think is unacceptable you should report it to us and we will do our best to deal with it.
Railbirds contains links to websites offered by other people, including links provided by members and by our advertisers and partners. We are not responsible for the content of any web sites that are linked to from Railbirds or for the legal consequences of your entering into any contracts with third parties that have linked web sites.
6. Our liability
We will not be liable to you for any loss, damage, costs or expense suffered or arising because of any content posted on or otherwise accessible through Railbirds, or for any communications made through Railbirds by our members or any third parties.
7. Our copyright and other rights in Railbirds
Railbirds is protected by copyright, trade marks, design rights, good will and other intellectual property rights ("IPR"), and these IPRs belong to us, our suppliers, or in some cases other members.
You may download to a local hard disk and print extracts from the website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non commercial use.
You may not reproduce part or all of the content of the website in any form unless it is for personal, non commercial use.
You may not copy or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work any of the content of the website in any form (whether hard copy, electronic or other).
You may include links to Railbirds from third party websites provided that you have that site's permission to do so. You may only link to our homepage (http://www.railbirds.com). You may not link to any other part of the site without our express permission.
Other than as set out above, nothing in these Terms of Service or elsewhere on Railbirds grants a licence or right to use any IPR in anything forming part of, or displayed on, Railbirds without our permission.
8. Licence to use software
Some of our services allow you to use software which is owned by us or third parties. If you are registered as a member of Railbirds then we grant you a non-exclusive, non-transferable, limited licence to use the software in object-code form only, for the purposes of using the services provided on Railbirds in accordance with these Terms of Service. Subject to your minimum enjoyment of the rights provided for by law you may not copy, modify, create a derivative work of, reverse engineer or disassemble any software.
9. Viruses etc.
Although we check Railbirds for viruses and similar malicious content for our own protection, you need to take your own precautions to protect yourself from viruses and malicious content that may be on the internet. As we take reasonable precautions to protect our website we will not be liable for any loss caused to you as a result of downloading content from Railbirds which causes you to suffer any loss, damage, costs or expense howsoever caused or arising.
10. Data protection
11. Registering with us
You can only access the services on Railbirds if you register with us as a member. You undertake that all of the information that you provide when you register is complete and accurate - including your name, age, gender, location and email address. You must keep this information up-to-date at all times. We may suspend, terminate or block your use of Railbirds, and any of the services, if we suspect that any information you have provided is inaccurate, false or misleading. If we suspect that you have provided false or misleading information for any malicious or unlawful purposes we may pass any relevant information on to the police to allow them to investigate.
You may, at any time, only have one account on Railbirds. You agree to tell a prorail of any second account you create. The only exception is accounts used to manage clans.
12. Managing your information
When you register for Railbirds, you will be asked to choose a username and a password, and to enter your gender, postcode, city, date of birth and email address. This is the only information which Railbirds needs you to provide to become a member.
Some of this information will become part of your Profile Settings which we will make visible to other members, including your username, your age, and the city and area in which you live. You can choose to make other details available to members in the Profile Settings area of the website, but you should think seriously before disclosing this or any other information on or through Railbirds.
You are responsible for all use of your account using your password, and we will not be responsible if someone misuses your account where they know your password unless it can be shown that it is our fault. Please contact us immediately if you suspect that the security of your account is at risk.
13. Posting content and communicating with other members
We do not generally pre-screen, monitor or intercept any of the content posted on or communications made through Railbirds, although we reserve the right to do so at our discretion at any time. All content and communications are the sole responsibility of the person posting or sending them.
You may use Railbirds only to post content and send communications that are lawful, proper and appropriate and you shall not do any of the following on or through Railbirds:
Clans must have a copy of the Railbirds clan policy and their clan's policy posted on their clan page. If a member of a clan has issues with another clan or member directly related to clan business, those concerns are to be addressed to their clan leader. The clan leaders will be expected to resolve the situation privately, and if that's not possible get a prorail to mediate. At no time are grievances to be blogged about or handled via nasty pm's. Anyone wishing to start a new clan must first get approval from the Railbirds staff.
14. Misuse of Railbirds
We shall, at our sole discretion, have the right (but not the obligation) to refuse to post or transmit, to move or to delete any content on or communications through the site at any time. This includes, but is not limited to, content and communications which breach these Terms of Service or any of our rules, or which we consider is otherwise objectionable.
We shall, at our sole discretion, have the right to suspend, restrict or terminate any member's access to the site or any part of it, and to suspend, restrict or terminate any individual's Railbirds membership at any time where it is reasonable to do so. If your access or membership has been suspended, restricted or terminated you must not re-register or otherwise attempt to re-access the site without our prior consent.
Although we strive to give users warnings and temporary bans before committing to banning permanently, we may, at our sole discretion, occasionally forgo this system and ban immediately for any reason we see fit.
We shall, at our sole discretion, have the right to remove any picture we deem unfit for Railbirds.
We shall, when so requested by warned or banned user, provide an explanation for any warning or ban given to a user. We shall have no obligation to provide any such explanations to other users. We shall follow this rule for locking and removal of blog posts, images and videos as well.
15. Games and competitions
We occasionally run games and competitions on Railbirds for our members. All games and competitions will be governed by and subject to these Terms of Service, as well as any other terms and rules set down for each individual game or competition. We reserve the right to offer such games and competitions only to selected members.
In the event we use a ranking or score system on Railbirds, rewarding member activity or similar factors with points/score, we reserve the right, in our sole discretion, to deduct points/score from a member we deem has received points/score by misuse of Railbirds and/or the ranking or score system.
16. Copyright belonging to you
By posting any content on Railbirds, or using Railbirds to send any communications, you are warranting to us that you are entitled to do so, and you grant to us a royalty free licence to use, distribute, reproduce, display, adapt and publish the content and communications anywhere in the world and in any form. You waive your right to the integrity of the content and communications and to prevent derogatory treatment of them. You grant the right for others to use such content and communications for personal, non-commercial purposes.
17. Who are we?
Railbirds is run by Soluan Investments Limited, a company registered in Cyprus. Our registered address is 86 Athinon Street, Nora Court, 3rd floor, Office 301, 3040 Limassol, Cyprus. You can also email us on firstname.lastname@example.org.
18. Term and Termination
You agree to remain bound by these Terms of Service for as long as you are reasonably required, and at least for as long as you remain a member of Railbirds or until we terminate or suspend your membership.
If you wish to end your membership of Railbirds, you may do so at any time by sending a message to an prorail or administrator of the site.
We may suspend any membership account that has been dormant for a period of 3 months and may delete all information relating to that account, other than very basic information about you. If we still hold information about you, you may be able to re-activate your Railbirds membership, but will not be able to recover any deleted information about your membership.
If for any reason we are unable to continue to provide the Railbirds website we will be entitled to terminate your membership. In such circumstances we will make every effort to give you reasonable notice of such termination. However we will not be responsible for failing to notify any member regardless of the reasons.
19. Limitation of liability
In no event shall Railbirds be liable to you or any third party for any form of damages, whether direct or indirect, consequential, exemplary, incidental, special or punitive damages, including loss of revenue or profits, anticipated savings, business opportunity, data, loss of or damage to goodwill or injury to reputation, howsoever caused or arising (whether arising out of any negligence or breach of these Terms of Service or otherwise).
20. Non-excluded liabilities
Nothing within these Terms of Service operates so as to exclude, limit or restrict our liability for death or personal injury, or any other liability which cannot be excluded by law.
You agree to fully indemnify and hold harmless Soluan Investments Limited, its group companies, its directors, officers, employees, agents, licensors, representatives and connected third parties from and against all loss, costs, damages and expenses resulting from any breach of these Terms of Service by you, or out of any content you post on, or communications you make through, Railbirds.
22. Changes to the Terms of Service
We may alter the basis on which we provide Railbirds, including amending these Terms of Service, at any time. We will post the amended version of the terms on the site and advise you that the terms have changed.
Where we change the Terms of Service the new version will take effect immediately from the date on which it is posted on the site. If you do not agree to any changes to the Terms of Service you should immediately cease to use Railbirds. Your continued use of the site after the date of posting will constitute acceptance of the new version of the Terms of Service.
23. Email Notices
We will use the email address listed in your profile settings to contact you for all purposes in relation to these Terms of Service. You are responsible for making sure that this email address remains up to date, and that the account is checked regularly.
24. Entire Agreement
These Terms of Service, together with any other applicable rules and terms referred to herein, constitute the entire agreement between you and us and supersede any prior agreements, arrangements, statements and understandings in relation to the use of Railbirds.
25. Invalidity / Unenforceability
If at any time any of the provision of these Terms of Service is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Service shall continue in full force and effect.
We reserve the right to assign or subcontract any or all of its rights and obligations under these Terms of Service. You acknowledge that you may not without the prior written consent of Railbirds assign or dispose of your obligations under these Terms of Service whether in part or in whole.
27. Governing Law
These Terms of Service, and your use of Railbirds, shall be governed by the laws of Cyprus, and you and we submit to the exclusive jurisdiction of the courts of Cyprus.