Welcome to www.directtrains.cc (together with its subdomains, Content, Marks, and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to DirectTrains Ltd. and its affiliated entities (“DirectTrains”, “we”, “our” or “us”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with our Privacy Policy (as defined below) (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Site.
1. Background
The Site is intended to offer you the possibility to contact us and provide you with some information regarding DirectTrains’ activity in the field of parcel delivery and dynamic rail systems.
2. Modification
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms
The Site is only intended for individuals aged 18 years or older. If you are under 18 years, please do not visit or use the Site.
4. Site Access
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
5. Restrictions
You shall not:
(i) copy, distribute, or modify any part of the Site without our prior written authorization;
(ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display, or disclose Content (defined below), except as expressly authorized herein;
(iii) disrupt servers or networks connected to the Site;
(iv) use or launch any automated system (including, without limitation, “robots” and “spiders”) to access the Site; and/or
(v) circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
6. Payments to DirectTrains
Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but DirectTrains may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
7. Intellectual Property Rights
7.1. Content and Marks. The:
(i) content on the Site, including, without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”); and
(ii) the trademarks, service marks, and logos contained therein (“Marks”), are the property of DirectTrains and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “DirectTrains,” the DirectTrains logo, and other marks are Marks of DirectTrains or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
7.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.
8. Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
9. Disclosure
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process, subpoena, or governmental request;
(ii) enforce these Terms, including to investigate potential violations of them;
(iii) detect, prevent, or otherwise address fraud, security, or technical issues;
(iv) respond to user support requests; or
(v) protect the rights, property, or safety of DirectTrains, its users, or the public.
10. Links
10.1. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.
10.2. DirectTrains permits you to link to the Site provided that:
(i) you link to but do not replicate any page on this Site;
(ii) the hyperlink text shall accurately describe the Content as it appears on the Site;
(iii) you shall not misrepresent your relationship with DirectTrains or present any false information about DirectTrains and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent;
(iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties;
(v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or
(vi) you, and your website, comply with these Terms and applicable law.
11. Privacy
We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy, which is available at [Privacy Policy URL] (the “Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
12. Warranty Disclaimers
12.1. This section applies whether or not the services provided under the Site are for payment. The Site is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. DirectTrains hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
12.2. DirectTrains does not guarantee that the Site will be free of bugs, security breaches, or virus attacks. The Site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that DirectTrains will not be held responsible for any consequences to you or any third party that may result from technical issues with the Site.
12.3. DirectTrains does not warrant, endorse, or guarantee any content, product, or service that is featured or advertised on the Site by a third party.
13. Limitation of Liability
13.1. To the fullest extent permissible by law, DirectTrains shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits, or reputation, arising under these Terms or out of your use of, or inability to use, the Site, even if DirectTrains has been advised of the possibility of such damages or losses.
13.2. In no event shall the aggregate liability of DirectTrains for any damages arising under these Terms or out of your use of, or inability to use, the Site exceed the total amount of fees, if any, paid by you to DirectTrains for using the Site during the three (3) months prior to bringing the claim.
14. Indemnity
You agree to defend, indemnify, and hold harmless DirectTrains and its affiliates, officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of or access to the Site;
(ii) your violation of any of these Terms;
(iii) your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; and/or
(iv) any damage of any sort, whether direct, indirect, special, or consequential, that you may cause to any third party with relation to the Site.
15. Term and Termination
These Terms are effective until terminated by DirectTrains or you. DirectTrains, in its sole discretion, has the right to terminate these Terms and/or your access to the Site or any part thereof, immediately at any time and with or without cause (including, without limitation, for a breach of these Terms). DirectTrains shall not be liable to you or any third party for termination of the Site or any part thereof. If you object to any term or condition of these Terms or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.
16. Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by DirectTrains without restriction.
17. Governing Law and Disputes
These Terms and the relationship between you and DirectTrains shall be governed by and construed in accordance with the laws of [Your Jurisdiction]. You agree to submit to the personal and exclusive jurisdiction of the courts located in [Your Jurisdiction], and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that DirectTrains may seek injunctive relief in any court of competent jurisdiction.
18. General
These Terms constitute the entire agreement between you and DirectTrains regarding the use of the Site and supersede any prior agreements between you and DirectTrains relating to such subject matter. Any failure by DirectTrains to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, you and DirectTrains nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.