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TERMS AND CONDITIONS OF USE OF “SNCF 39-45”

PREAMBLE

We strongly recommend that you carefully read our entire terms and conditions of use before using the website http://39-45.sncf.com (the “Site”) set by Société nationale SNCF (herein after “SNCF”).

These terms and conditions of use (the “Terms of Use”) are intended to define the terms and conditions applying to anyone who accesses the Site available at the following link: http://39-45.sncf.com.

They are available in French and English.

Access to the Site is subject to acceptance and compliance with the Terms of Use and is strictly reserved for the User, i.e. any person with access to the Site, no matter where that person is located and no matter what the connection method used (the “User”).

When accessing the Site for the first time, a window containing the Terms of Use will be displayed. The User must agree to them by ticking the checkbox: “I have read and I agree to the full Terms of Use”.

SNCF reserves the right, at its sole discretion, to change, modify, add to, or update the Terms of Use at any time, including to comply with any legal, editorial, and/or technical changes and to conform to any changes in the Web Host’s general terms and conditions of service.

The User should regularly review the most recent version of the Terms of Use, which is always available on the Site.

If the Terms of Use are modified, a window containing the modified Terms of Use will be displayed. The User must agree to the new Terms of Use by ticking the checkbox: “I have read and I agree to the full Terms of Use”.

If he/her does not agree to the Terms of Use, the User will not be able to access the Site.

For any question about the Site and the Terms of Use, the User can contact SNCF by email at the following address: patrimoine@sncf.fr or by post at the following address:

SNCF – Direction de la Communication et de la Marque
Service Patrimoine et Mécénat / Site 39-45,
2, Place aux Etoiles – CS 70001
93200 Saint-Denis, France

1. PURPOSE OF THE SITE

This Site is provided to inform about SNCF’s history between 1939 and 1945, to find out the initiatives launched by SNCF to support historical research, honour the memory of the Shoah victims and railway workers who were members of the Resistance, and to convey and teach this history to new generations.

SNCF endeavours to provide all needed information to achieve Site’s objectives and be as precise as possible. However, SNCF is not liable for any omissions, inaccuracies or gaps in its updates, whether caused by it or by third-party partners that provide it with information. The User should verify any information posted on the Site with the official sources.

2. ACCESS TO AND USE OF THE SITE

2.1. Access to the Site

The User may access the Site from any computer, tablet, or smartphone connected to a telecommunications network that uses Internet communication protocols.

SNCF grants Users the right to view, use, and access the information on the Site.

2.2. Cost of access

Access to the Site is free of charge.

The User is personally responsible for the cost of all software and equipment needed to use the Site, as well as for Internet access and communications charges outside of the User’s place of work.

The User is fully responsible for his/her own login information.

Unless proven otherwise, the User will be deemed responsible for any connection to the Site and any transmission of data using his/her login information.

2.3. Period of access

The User is granted access to the Site for an unlimited period, but either the User or SNCF may unilaterally terminate access at any time, without prior notice, without cause, and without indemnification.

The User agrees that in case of violation of any legal provisions or the Terms of Use, SNCF may block him/her from the Site and terminate the User’s access, without prior notice and effective immediately.

2.4. Use of the Site

The Site may be used for personal as well as research and educational purposes. The Site may not be used for profit purposes.

Prohibited actions include, but are not limited to, the following;

  • using the Site for commercial purposes or, more generally, to offer products or services for payment, whether directly or indirectly;
  • “reselling” or providing the Site’s content, whether for compensation or free of charge, to any third party and/or any other Users;
  • using the Site to advertise or post unsolicited promotional materials;
  • directing Internet users, directly or indirectly, including through the use of hyperlinks, to other websites that may not comply with French law or with the Terms of Use.

To ensure that the Site works properly, the User must comply certain technical constraints, which may be modified from time to time.

The User must comply with the following technical information to access the Site and make optimal use of the services offered there. The User may not take any action that could impede or disturb the Site’s operation or technical accessibility.

The minimum configuration required to access the Site is as follows:

  • screen: at least 1024×768
  • browsers: IE7 or later, Safari 2 or later, Firefox 2 or later, or Mozilla Firefox

The User agrees to access the Site using virus-free equipment.

SNCF does not guarantee that the servers hosting the Site and the Site are free of viruses or other dangerous components. Therefore, the User is responsible for taking all appropriate steps to protect his/her own data and/or software from contamination by any viruses that may circulate on the Internet.

The User agrees that SNCF will in no event be held liable for any direct or indirect, pecuniary or non-pecuniary, consequential or incidental damages that may result from the User access to, or use of the Site, including Site unavailability, data loss, damage, or destruction, viruses that may affect the computer or other devices of the User’s, and/or the presence of viruses on the Site.

Furthermore, if the User downloads and/or obtains any material, in any manner whatsoever, while using the Site, it is at User’s owns peril and risk. SNCF is not liable for any damage to, or loss data from the Users’ computers.

The information provided by SNCF on the Site does not create a contract. It is provided for informational purposes only, free of charge, and with no obligation by SNCF, which may modify it without prior notice.

3. SITE AVAILABILITY

The Site is available 24 hours a day, 7 days a week, except in the event of force majeure or other events outside of SNCF’s control.

SNCF reserves the right, without prior notice, to suspend, interrupt or limit access to all or part of the Site, including for the maintenance or updates necessary to ensure that the Site and other resources operate properly, or for any other reason, including technical reasons.

SNCF does not have an absolute obligation (obligation de résultat) to ensure the Site’s availability or technical accessibility. SNCF will in no event be liable for any interruptions or their consequences for Users.

The User is hereby informed that SNCF may terminate or modify the Site’s services at any time and without prior notice. The User will have no recourse against SNCF if it does so.

4. WEB HOSTING

The User is expressly informed that the Site’s content is hosted and stored on CONSEILS ET SYSTÈMES INFORMATIQUES’ (CetSi) servers.

5. COOKIES

A cookie is a small file that does not allow the identification of the Site User. It also does not allow reading the information contained in the files of its computer, but it records information about the navigation of an electronic device on the Site.

The User is informed that, when consulting the Site, a cookie which is necessary for the operation and use of the Site is set on its electronic device.

The name, purpose and retention period of this cookie are set below:

NamePurposeRetention period
cguStores Users’ acceptance of the Terms of Use6 months

The User can also delete the cookie or block its creation by changing browsers settings as follows:

By blocking and/or by deleting the cookie, the use of the Site could be altered.

6. INTELLECTUAL PROPERTY

The User undertakes not to infringe the intellectual property rights (including copyright and related rights, sui generis database rights, trademarks, domain names etc.) of SNCF, the Site host and/or any third parties.

SNCF holds all intellectual property to the structure and content of the Site (including texts, logos, photographs, images, graphics, sounds, software, icons, page layout, and data bases) or else has legally acquired the right to use the Site’s structure and content, without limitation.

Accordingly, the User is prohibited from copying, reproducing, representing, modifying and/or using, or transferring in any manner and for any purpose whatsoever, all or part of the Site’s structure and content without SNCF’s express prior written authorization.

Without SNCF’s express prior written authorization, the User is not allowed to reproduce, represent, adapt, translate and/or partially or completely transform, or transfer elements from the Site to another website or support.

All downloads are strictly prohibited, unless expressly authorized by SNCF. Any downloading which constitutes misuse may result in the application of appropriate sanctions by SNCF and/or any relevant third party.

The trademarks and logos published on the Site have been registered by the companies that own them. Any reproduction of the names or logos by any means whatsoever without the prior authorization of their owner is prohibited.

Failure to comply with these prohibitions may constitute infringement, unfair competition, or parasitic practices for which the User may be held civility or criminally liability.

7. WARRANTIES – LIABILITY

The User undertakes to use the Site without violating any applicable laws or regulations, accepted Internet practices or “netiquette”, or the Terms of Use.

SNCF disclaims all liability for use of the Site in violation of the Terms of Use.

The User is informed that any use of the Site in violation of the Terms of Use may engage its liability and result in legal action and penalties against him/her.

The User undertakes to act diligently to respond to any complaint.

The User is liable to SNCF and/or to the relevant third parties for any pecuniary or non-pecuniary, direct and/or indirect damages of any kind whatsoever caused by the User and/or the User’s employees as a result of any violation of the Terms of Use.

The User agrees to warrant SNCF and/or to the relevant third parties, against any demand, claim, complaint, and/or recourse of any kind resulting from any violation of these provisions.

The User undertakes to indemnify them at any time and on their first request for any damages and/or any demand, action, or complaint by a third party resulting from any violation of these provisions.

This warranty covers both the damages that may be paid, whatever their direct or indirect cause, and costs such as legal fees, expert witness fees, and court costs.

SNCF undertakes to use best efforts to take technical and organizational steps to protect the information contained on the Site.

Nevertheless, the User acknowledges that he/she has been fully informed that the data are not protected against any form of intrusion, including by pirating.

The User acknowledges that it is impossible to guarantee the complete security of transmitted data. Therefore, SNCF is not liable for any incidents that may result from such transmission.

It is the User’s responsibility to take all necessary steps to preserve the confidentiality of the data he/she transmits.

The User of the Site expressly undertakes as follows:

  • not to use any software or processes intended for copying information from the Site without SNCF’s express prior authorization;
  • to expressly agree not to use any software or devices that could disturb the Site’s operation or to take any action that could disproportionately burden SNCF’s infrastructure;
  • not to alter, modify, or create derivative works based on information on the Site without SNCF’s express prior consent;
  • when quoting, discussing, or reproducing works in the press or for other uses expressly authorized by law, to do so only in accordance with the limits and conditions set forth in the law and to cite the names of the source and its authors;
  • not to extract or reuse any portion (whether small or large) of the content of Site’s databases and archives, including for private purposes, without SNCF’s prior written authorization;
  • not to set up any systems liable to or capable of pirating the Site, in full or in part, or liable to violate the Terms of Use;
  • to inform SNCF immediately if he/she become aware of any infringement whatsoever (including of SNCF’s intellectual property rights), and in particular of any illegal use (or any use in breach of contract) of the information on the Site, whatever the method of distribution used.

8. SEVERABILITY

If all or part of one or more provisions of the Terms of Use are invalidated, either due to a law or regulation or due to a final court decision, the other provisions of the Terms of Use (and the other parts of the invalided provision) remain valid.

9. GOVERNING LAW – DISPUTE RESOLUTION

The Terms and Conditions are governed by French law.

In the event of a disagreement relating to the interpretation, validity, or performance of the Terms of Use, the User and SNCF agree to use best efforts to settle the dispute amicably.

If the parties cannot reach an amicable settlement, any dispute relating to the interpretation or performance of the Terms of Use will be subject to the jurisdiction of the Paris courts.

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