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Terms and Conditions

Last updated: 01 April 2018


1. Terms of Use
Please read these “TERMS AND CONDITIONS” carefully before you start to use our website, as these will apply to all the users of our website. We recommend you to print a copy of this for future reference.
By using the website www.railaction.com, you assume total acceptance of the “TERMS AND CONDITIONS” set forth below. When accessing or using this website, users agree to comply and be bound by the following Terms and Conditions of use. If you disagree with any part of these terms and conditions, please do not use our website. These provisions are general and apply to all relationships between www.railaction.com website and its users.

2. Definitions
<website, RailAction> – www.railaction.com website and its administrators or operators or any other website to which the manager of www.railaction.com could redirect certain posts;
<user> – any person who accesses and uses the website www.railaction.com and any legal entity that the website represents;
<Agreement, Regulations of Use, Terms and Conditions> – indicate this present contract;
<seller> – the user who offers for sale a product/service through adding ads on the website www.railaction.com;
<buyer> – users who buy a product/service through the website www.railaction.com.

3. Acceptance of “TERMS AND CONDITIONS”
www.railaction.com services are offered only to users who agree to the “TERMS AND CONDITIONS”. The use of the site implies acceptance of all the “TERMS AND CONDITIONS” of use. Also, by accepting these “TERMS AND CONDITIONS”, the registered user agrees to receive regular information (including newsletters) on the e-mail address used for registration on www.railaction.com and also to allow the website to process the provided data related to the company. The user will have permanent access to the “TERMS AND CONDITIONS” for the use of the website, which can be consulted at any time. If the user does not agree with the conditions imposed, he must immediately cease using the website.
We mention that www.railaction.com does not store or ask for personal information, because it is a website strictly addressed to legal persons. The only required data for registration are those related to the company represented by the user, such as company name, contact details (address, phone, fax, e-mail) and representative`s name (optional).
The user agrees that when transmitting/cession/redirecting/repost ads/materials by the administrator of www.railaction.com to any third party the “TERMS AND CONDITIONS” set by the third party will become applicable in this place. Also, under such circumstances, the user agrees that the website operator will have the right to delete/modify, totally or partly, any ad or other material posted on www.railaction.com, even if their period of validity has not expired.
The user also agrees that www.railaction.com administrator has the right to close the website at any time, temporarily or permanently, without being held liable for prejudice, moral or any other kind of damages.

4. Description of services
www.railaction.com is a website for online ads, specific to railways, and it is addressed exclusively to legal persons (companies). Free ads from various fields may be published here and ads published by other users can be also found. As well, www.railaction.com offers to interested companies the possibility of posting advertisements on any page of the website at various sizes. Also, for more views and therefore for a quicker sale of your products/services, www.railaction.com offers the opportunity to promote announcements so that they appear alternatively on the top of the page in that category, ahead of other ads posted in the gallery,  in the space dedicated to promoting. Please note that the featured ads, regardless of the category to which they belong, are displayed on the main page of www.railaction.com, dedicated to promoting space.
To publish an announcement on www.railaction.com, you must first create an account, which will provide only information about the company you represent. Since the user is a registered company, using www.railaction.com means that the user has authority of the company to submit to this agreement and thus the company is directly responsible for all data provided and respectively for its activity on the site.
Because the ads are published instantly, without prior approval, the team of www.railaction.com reserves the right to correct them later. If the content and truthfulness of advertisements posted by users do not comply with the “TERMS AND CONDITIONS” published on the website, we reserve the right to remove any non-compliant ads. In addition, the website reserves the right to suspend, correct, add or remove any portion of its content.
Ad Promotion is available only to users who have purchased one of the membership packages offered by www.railaction.com in the “PRICING” page. The membership packages can also be found on the “User Dashboard” where, on the “Upgrade Plan” section, you can choose the appropriate package. The promotion is valid for one or more ads for the specified number of days. The Promotion Package cannot be transferred to an already published announcement, but it can be used by new ads promoted in any of the available sections of the website. The amount paid for a featured ad and rejected because of any non-compliance to the present regulations cannot be imputed to www.railaction.com. You’ll be able to access the facilities package for featured ads only from your account.
To purchase other promotion packages (banners, etc.) it is necessary to contact us by e-mail for further agreements.
Payment of related featured ads is made only through PayPal.
Why have we chosen PayPal services? This company is number 1 worldwide in online transactions, concerning security and confidentiality of its transactions. The service offered by this company is widely adopted by millions of users and traders. In addition, there are many online traders that are not reliable. If you reveal information about your credit card you can expose yourself to a high risk. Instead, if you use PayPal, you can preserve your confidentiality related to your bank card information. PayPal keeps that information secret. By using the website’s payments from your PayPal, you minimize the possibility of fraud to the detriment of the user. Through this service, you make sure that provided information remain secret and you can easily pay using only your e-mail and password. It is important to note that this operation does not entail any extra tax, as money transfer is itself a payment online, with 0% commission.

5. User Login/Customer Account
You have the option of setting up a customer account on our website. In the password-protected area of the customer account, you can easily manage your posted ads, your favorite ads, or your account data.
Fields marked with (*) are required (email, login name, password) in order to create a customer account. Only company data you represent is entered. The fields required to create the customer account, are only used to implement and process your user account.
After creating an account on the website, you can voluntarily enter additional data relating to your company. These data are used both for creating invoices and to automatically pre-fill your information during future service acquisitions.
You can update your customer account at any time in your customer account.
For deactivation and implicit deletion of the account (including all related data), please send a written notice to this effect at office@railaction.com. Please note that it is mandatory for the notification to be sent from the email address registered on the website.

6. Data Security
We never ask for credit card numbers or any personal information.
Your payments for our services are made through PayPal and they have their own security measures.
For security reasons, our website uses certain internationally recognized security plugins.
We employ technical and organizational measures to protect the privacy of users of our website and the connected systems. To ensure the secure transmission of the data, we use the encryption protocol via Secure Socket Layer (SSL) technology. This method is successfully used throughout the World Wide Web. All transmitted data are encrypted and thus transmitted safely on the Internet. A symbol (closed padlock) in the bottom bar of your browser window indicates that you are in a secure area.

7. Anonymous data collection and processing
This website uses software to analyze use and security. By evaluating these data can be obtained valuable information about the needs of users. This information helps to optimize the quality of supply. Specifically, at each visit are saved indefinitely following: anonymized form IP address of the computer; date and time of access or request, title page access / file access; this page has been accessed from what page; browser used by the user, including browser version; the operating system used by the user.
This information is used for statistical purposes, but also for ensuring website security. In this sense, it is exclusive information which does not identify your person. You get an anonymous user.
In this context, so-called cookies are used. Cookies are text files saved on the website visitor’s computer, allowing the recognition of an anonymous user.
Anytime you can turn off the cookies of this website. Please note that disabling cookies restrict the functionality of the website.
When you visit this website currently generated cookies. Click here to view details about cookies, including procedures for disabling if you disagree with them.

8. Newsletter
If you subscribe to our newsletter, your company email address is used to communicate with you and to send you, for example, service messages, system messages, emails confirming your registration, to transmit user account information, news or information about the services offered, until such time as you unsubscribe from the newsletter. In addition, we use your email address for our own advertising purposes. You can unsubscribe at any time by emailing office@railaction.com or by using the opt-out link in the advertising email.

9. Copyright
The content, design and website database collected from users are www.railaction.com property and are protected by European legislation in force, in respect of copyright and related rights. This information may not be published, transmitted, copied by any means without written permission of the administrator of www.railaction.com. The user also agrees that any and all used materials posted on this website, including any and all economic rights in connection therewith can be transmitted, transferred by www.railaction.com to any third party and/or routed website by any third party including posted/reposted on any third party website, the website operator keeps the right at his sole discretion, to continue posting or not on the web, so in this case, the user’s consent is considered to be given to www.railaction.com acceptance of the Terms and Conditions. The user agrees that he has not and will have no claim whatsoever on the transmission/release/blocks/post/reposting materials/ads operations which could be performed.
The content of the website can be used exclusively for personal purposes. Any use other than personal purposes will be made only with the prior written consent of www.railaction.com.
It is strictly forbidden to copy, duplicate, partially or fully sell the website content.
Maximum two paragraphs can be reproduced on other websites only if the source and link are specified to our website, in the following format: Source – www.railaction.com, having a prior written consent of www.railaction.com.
Users who send information to www.railaction.com undertake not to infringe in any way copyright which a third party would hold and they implicitly accept their liability for their total infringement.

10. Regulations of Use
The responsibility for all the announcements or any other postings on www.railaction.com lies mainly and strictly on the user. Also, the user is directly responsible for any consequences of his posts on the website. Thus, when the user posts any types of ads or materials on www.railaction.com, he instantly states, supports and also guarantees that he holds all copyrights for the post, regardless of its nature.
By posting an announcement on the website or any other material, the user agrees to grant a non-exclusive license to www.railaction.com (within the meaning of the transfer for the rights of the author) while using the website, which is irrevocable, in any State, during the whole period of protection of the rights, for any way to use the rights of the posted material/announcement posted (including images). The user also agrees that all his posts on the website (including images), as well as his property of the copyright of his products, may be transmitted/transferred/forwarded/ posted/reposted by www.railaction.com to any third party; the user`s consent is considered to be given by accepting the Terms and Conditions to www.railaction.com and also, the user states and agrees that it has not and will not have any claim of any nature regarding to the uploaded posts.
The user agrees not to post materials whose content is contrary to law. Abuse is punished by blocking the access.

11. Limitation of Liability
www.railaction.com features and services are provided in limited availability. Therefore, www.railaction.com cannot provide guarantees for the well functioning of the site, quality or performance and durability. Also, www.railaction.com offers no warranty with regard to the accuracy of the posted data by the users. Also, www.railaction.com cannot guarantee the success of the ads or any other posts or number of their views or accesses.
Regardless of the situation or circumstances, www.railaction.com and/or its administrator will not be liable for any direct, indirect, etc., or consequential damages arising from any use or operation of the site (e.g.: errors, mistakes; inaccuracy of the content; injury or damage of property or of any nature, arising through your access to the website and services; any unauthorized access or use of our secure servers or any information stored in them; any loss or damage incurred as a result of the use of any posted content posted, emailed or made available via the website). This limitation of liability will apply to the extent permitted by law in the applicable jurisdiction.
www.railaction.com does not guarantee in any way for any product/service offered or presented on the site. The decision to perform or not a transaction lies strictly on the user.
Since the website access is not restricted and it cannot provide a guarantee regarding the accuracy of the entered data, hence www.railaction.com recommends all users to carefully check potential sellers/buyers/partners and to secure all safety precautions before performing a transaction. www.railaction.com cannot be held responsible for any transaction carried out through the website.
The civil and/or criminal liability for published and/or transmitted information by the user, and for the consequences that may result from these activities, returns exclusively to the user.
By using www.railaction.com the user confirms the website administrator`s rights and expresses his acceptance of the Terms and Conditions and by accepting them, the user gives up to any claims of any nature in connection with the use of the website under this Agreement.

12. Jurisdiction Clause
The rights and obligations of all parties mentioned in this Agreement and all legal effects they produce, are governed by the law in force from the State where the website owner is registered, regardless of conflict with other laws.
For any conflict parties will make use of all the possibilities of amiable conciliation, closely following the regulations in force, and in case of a comedown of the conflict or in the absence of a reliable solution, the parties will resort to the competent courts.
By visiting the website, you agree that the laws of the State where the website owner is registered, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between the user and railaction.com related to the use of this website. Any dispute related in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the State where the website owner is registered or courts located at the domicile of the website owner, and you consent to exclusive jurisdiction and to the venue in case of a possible dispute at law.

13. Termination
The website reserves the rights to modify at any time the contents of these Terms and Conditions, without prior notice to the users. It is your responsibility to periodically check the content of these Terms and Conditions. Also, the website reserves the right to terminate its services to any user, in case the user has violated any provisions/conditions mentioned above.
www.railaction.com reserves the right to terminate/restrict its services at any time, without prior notice to its users.

14. Final Provisions
This Agreement constitutes the entire agreement between the user and www.railaction.com concerning the access and use of the website, being superior to any prior written or verbal agreement concerning the same subject. Contractual parties are independent entities and thus, by this Agreement, they do not create any relationship, such as the association, franchise, etc.
Given that one or more of the provisions contained in this Agreement is void or unenforceable, that provision shall be cancelled and this will apply to the other remaining provisions.
If you do not agree with the contents of this Agreement, please do not register on www.railaction.com and do not use its services and information. Please check if this Agreement has been modified on your each return on the www.railaction.com. If you find any changes/additions which do not comply with your wishes, please do not use this website, because your further use means your acceptance of this Agreement.
www.railaction.com has the right to modify the content of the terms and conditions of use at any time, without prior notice to the user.
The section titles in this Agreement are for reference only. They do not define or limit, as not necessarily describe the purpose or scope of that section.
www.railaction.com does not ask for, neither stores, nor knows your card information or other personal data.
www.railaction.com users have the possibility to notify the supplier about apparently illegal activities carried out by another user of the site that is connected to the provided services. The notifications will be sent through the contact form found in the “CONTACT” or by e-mail at office@railaction.com.
Such notices will be examined by the supplier and will be answered within 30 days of receipt.

15. Contact
In order to contact us, please use the following:
– E-mail: office@railaction.com
– Contact form found in the “CONTACT” on www.railaction.com
If you have any feedback, comments, or questions relating to these Terms and Conditions or the website, please do not hesitate to contact us.

REGULATIONS OF USE

Posting on www.railaction.com:
1. You can post an unlimited number of ads, which can be free or promoted ones (featured), given that your company has created an account on www.railaction.com and has purchased one of the offered Membership Packages;
2. The validity of the posted ad depends on the chosen Membership Package (see “Pricing” page). For more views and therefore for a quicker sale of your vehicles, railaction.com offers the opportunity to promote announcements so that it appears in the same time on the top of the page of that category, ahead of other ads posted in the gallery, into the space dedicated to promoting. The ads can be posted after the fee payment. Also, you can post some ads for free;
3. The payment for promoting your ads is made only through PayPal. To purchase other promotion packages (banners, etc.) you should contact www.railaction.com via “Contact” page for further arrangements. RailAction offers to interested companies the possibility of posting advertisements on any page of the website at various sizes;
4. Your ad can promote only products that are specific to the website (railway vehicles). Great attention should be paid to framing the announcement in the appropriate category, because otherwise it can be removed;
5. www.railaction.com constantly improves and thus if you feel that your given product cannot be assigned to an existing category, you can ask for their extension. Notification to this issue must be made by e-mail by filling the contact form (“Contact”). Expanding the categories/subcategories can be made only by www.railaction.com after analyzing notification and whether the proposal fits the purpose or the domain of the website;
6. You may use capital letters while filling in gap about the ad (title, location, description, company representative), but do not use them for filling in your e-mail;
7. To post an ad, you must go to the “Ad Your Item” button. In the posting page, you must pay a special attention to the recommendations;
8. Only the ads that fit into categories related to www.railaction.com will be taken into consideration. The ads that do not fit to the purpose or the domain of the website will not be posted;
9. The incomplete or unclear ads, namely the pictures that do not reflect the company or the offered product will not be accepted and will be deleted after being posted;
10. Section “Price” in your ad can be (or not) completed with the actual amount of money. Please do not use the currency sign at the registration of the amount of money of product (just 123). The currency used and posted on the website is EURO or USD, depending on the setting made by you on the website;
11. The products offered by users must comply with applicable laws and regulations;
12. Concerning the requested location when completing the related fields of your ad, you should mention the place where the offered product can be found. We mention that the location you entered in the announcement may be different from the area your company was registered, or it may be the same. However, given the importance of this box, we highly recommend you to mention the location in your ad, because it will be found much faster by a user interested in, being detected on the map which specifies that category;
13. By uploading any material on the website www.railaction.com you warrant that you have the necessary rights of copyright on them. The added images must be unique and should reflect your company or the provided product;
14. There must be posted only the ads that suit the categories related www.railaction.com. The ads that do not fit the purpose or the domain of the website will not be accepted. Regarding the nature of the announcement, it will be deleted as soon as any of the following elements will be noticed: pornographic or obscene character, vulgar language, or illegal, immoral, threatening, abusive, defamatory information, etc;
15. www.railaction.com is not responsible for the veracity of the ads, this being entirely responsibility of the user;
16. www.railaction.com reserves the rights to remove or edit any ad, if the rules of publication have not been respected, without prior notification, or without justifying its reasons;
17. Any abuse or failure to follow these rules can be punished with deletion of the ad and/or deletion of your account;
18. Whether an user is dissatisfied with the website services, the user should contact the website administrator and we offer 7 days money back guarantee since the date you purchased a Membership Package. During this period, you can cancel your subscription, and we will refund all your money. To get the refund it will be enough to send a confirmation e-mail to office@railaction.com from your e-mail registered on the website. The ads and company section will be cancelled, too.
Any sum of money, which was paid by the user for the Membership Package, is not refundable in case of breach of these Regulations of use
.