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1. Acceptance of the general conditions
ThalyStory.com users are invited to read these General Conditions carefully. They can be accessed via the hyperlink on the present site.
You are advised to print them out and keep a copy.
Use of the ThalyStory.com web site implies acceptance of the present general conditions without reserve.
You are therefore strongly advised to reread the present general conditions of use each time you visit the ThalyStory.com site as Thaly International reserves the right to change them at any time.
2. Definitions
“Thalys” refers to the high-speed train service that runs on five networks in five countries, namely, Belgium, France, Germany, Holland and Switzerland, and the various trademarks and other distinctive signs that are used by Thalys International in collaboration with Thalys Nederland and Deutsche Bahn.
“Thalys International” refers to the Belgian limited liability cooperative, whose head office is at 20 Place Stéphanie, 1050 Brussels (VAT BE 0455.370.557, RPM Brussels), that operates the Thalys train service and the ThalyStory.com site.
The “ThalyStory.com Site” or “Site” refers to the site and web pages operated under the domain or trade name of ThalyStory.com. In particular, this site provides you with access to information on the history of the construction of railway lines between Paris, Brussels, Cologne and Amsterdam since 1846. You may also submit visual or textual items on the subject in your possession on line.
“Partner(s)” refers to any supplier(s) of products and/or services to which the ThalyStory.com site provides access.
“You” or “the User” refers to any user of the ThalyStory.com site who consults the site or contributes to its content.
3. Site Operations
The User must communicate an identifier as well as password to submit his contribution on the ThalyStory.com site.
Users are assumed informed of the lack of reliability of the internet network, particularly in terms of security related to the transmission of data, the non-guaranteed continuity of access to service, non-guaranteed performance in terms of volume, and rapidity in the transmission of data.
In the context of his contribution, whether in the form of videos, images or texts, the User undertakes:
• not to slander, abuse, harass, track or threaten anyone, nor violate the rights of others;
• not to deny crimes against humanity, not to incite hatred or paedophilia;
• not to create a false identity or use the identity of a third party;
• not to transmit a virus, a Trojan horse, a logic bomb or any other program that is harmful or destructive;
• not to perturb the www.ThalyStory.com site;
• not to submit content other than video, image or text files;
• not to copy in whole or in part existing works without the authorization of the bearers of rights of these works;
• not to violate broadcasting and retransmission rights of third parties on public events, in particular sporting events;
• not to reproduce and/or use the brand, corporate name, logo or any distinctive sign of a third party;
• not to invade the private life or harm the image of persons who may be identified within the content and descriptions;
• generally, not to transmit elements that affect intellectual property rights or the rights of third parties, in particular rights relating to brands, persons and copyrights.
In accordance with internet practices and uses, the User accepts Thalys reserving the right to include or associate any publicity it wishes on the web pages where content is displayed (videos, images or texts).
Thalys International specifically warns Users of their duty to respect the rights of third parties, in particular rights relating to brands, copyrights and private information, as well as all of the legal and regulatory legislation relating to the internet.
Thalys International reserves the right to broadcast or not broadcast the content submitted by Users on its “www.ThalyStory.com” web site, subject to the principles of moderation it freely establishes.
4. Thalys International’s responsibility with regard to the use of the ThalyStory.com site
Thalys International accepts no responsibility for direct or indirect damage resulting from a fault or omission on its part, even if the damage is serious, connected with:
• (a) the site ThalyStory.com, including its unavailability or its technical efficiency. Thalys International may stop access to the site, or to part of it, without notice, at its entire discretion.
• (b) the information available on the site, its possible inaccuracy and the content and use of web sites connected to the ThalyStory.com site through hypertext links.
• (c) information submitted by Users on the site that would violate the law, in particular intellectual property rights and copyrights.
• (d) viruses, hacking attacks, computer worms or events likely to be qualified as computer crimes whose aim is to damage the computer system of one of the site’s Users in one way or another, except in the case of wilful misconduct by Thalys.
Thalys International cannot guarantee that the site, products and services offered therein are compatible with the User’s computer hardware.
Thalys International reserves the right, with no obligation to inform You beforehand, to change the functionalities allowing the consulting of this web site.
5. Protecting of the site
The content and presentation of the ThalyStory.com site (text, layout, graphic elements, logos, etc.), the trade name “Thalys”, and the trademarks and other elements constituting this site are protected by intellectual property rights held by Thalys International.
Any copying or communicating to the public by whatever means, or any adapting, translating, processing or use, even partial, of the content of the site, is prohibited without the prior written agreement of Thalys International.
Thalys reserves the right to authorize or prohibit the creating of a hypertext link between your web site and the ThalyStory.com Site.
For any request for authorization, please contact Thalys International at the following address link@web.thalys.com.
6. Protecting of the site users’ data privacy
Thalys International wishes to ensure the data privacy of its Site Users. To this end, it has implemented security measures designed to prevent any loss, improper use or alteration of any personal information relating to Site Users to which Thalys International may have access.
Each time a User visits the Site, the Thalys International web server automatically recognizes your IP address and/or your domain name.
6.1 Personal data
Thalys International retains the following personal data when you visit our Site:
• Your identifier when You send messages/questions to the Site;
• Any information that You have voluntarily communicated to Thalys International.
6.2 Objectives of the processing
This personal data is used to:
• Improve the content of the ThalyStory.com Site;
• Inform You about site updates;
• Contact You for marketing purposes.
Thalys International may employ personal data for new uses that are not yet provided for in the general conditions. In this case, and before employing your data for these new uses, Thalys International will contact You to inform You of the changes made to its rules relating to personal data and provide You with the opportunity to oppose these new uses.
Using the data available to Thalys International, Thalys International may in particular send You the Thalys Information Letter and any other commercial information by post and/or e-mail. Thalys will only send this information after having received your agreement.
6.3 Transferring of personal data
Thalys International reserves the right to communicate your personal data to its partners or to contractually bound organisations that offer products or services likely to interest You. Thalys International undertakes not to communicate this information to third parties until it has received your agreement.
6.4 Newsletter
Thalys.com offers Users, free of charge, a service named “Newsletter”. This letter’s aim is above all instructional and informative. It contains information allowing Users to better understand Thalys products and promotes its new products. Site users who no longer wish to receive the Information Letter can unsubscribe with a simple click of the mouse. Some information letters may contain advertising messages for third parties referred to as “sponsors”, however the User will be notified beforehand and has the right to oppose the presence of sponsors on the letter he receives.
6.5 Right of access, correction and deletion
In accordance with Belgian law relating to the protection of data privacy, You are entitled to access, modify, correct and delete information about You. You may exercise this right by sending a letter to:
Thalys International
Service Clientèle – Utilisateurs Thalys.com
Place Stéphanie 20
B-1050 Brussels
6.6 Right of opposition
You have a right of opposition that may be exercised:
• Either by sending a letter to:
Thalys International
Service Clientèle – Utilisateurs Thalys.com
Place Stéphanie 20
B-1050 Brussels,
• Or by sending an e-mail to :unsubscribe@web.thalys.com.
To unsubscribe from the Newsletter, the right of opposition may also be exercised:
• By clicking on the link at the bottom of the Information Letter: “If you no longer wish to receive the information letter, click here. Note that if You have not received a confirmation message, this means that your request has not been registered. If you do not receive such a message, write to the following e-mail address: unsubscribe@web.thalys.com specifying the e-mail address to be unsubscribed.”
This request will be automatically registered by a robot and confirmed via a HTML page showing the deregistered address.
6.7 Cookies
Browsing on the site may entail the installing of cookies on your computer. These make visiting the site simpler and improve the ergonomics of the dialogue.
You may refuse the installing of the cookie on your computer, but such a refusal may prevent access to some of the sites services.
You may prevent the recording of “cookies” by configuring your browser as follows:
• If You are browsing on the internet using Internet Explorer 3 or 4 (Microsoft): click on “view”, “options”, “advanced”. In the list of warnings that may be enabled, the fourth is “warn before accepting cookies” and, only with Internet Explorer 4, the fifth is “always reject cookies”;
• If You are browsing on the internet using Internet Explorer 5 (Microsoft): click on “tools”, “internet options”, “security” and then “customize security level”. Go to the “cookies” heading and select “request” or “disable” for the two options proposed;
• If You are browsing on the internet using Navigator 3 (Netscape): click on “options”, “network preferences” and then “protocols”. In the list of warnings that may be enabled, the first is “warn before accepting a cookie”. You will be warned on the arrival of a “cookie” and may reject its recording using your browser software;
• If You are browsing on the internet using Communicator (Netscape): click on “edit”, “preferences” and highlight “advanced”. Choose the option required.
6.8 Data privacy protection commission
You may obtain additional information from the Commission de la Protection de la Vie Privée (data privacy protection commission), boîte postale no. 4, Brussels 37 at B-1000 Brussels, to whom Thalys has declared the data that it processes.
7. Site user obligations
The User undertakes:
(a) not to use the ThalyStory.com site for illegal purposes or purposes that may damage the rights of Thalys International or third parties and, in particular not to use the site to distribute damaging or illegal information, or information that is distasteful, discriminatory or offensive towards Thalys International or third parties;
(b) not to disrupt access to the ThalyStory.com Site, access Thalys International’s computer systems, modify the site, use it to transmit computer viruses, hacking attacks, computer worms, etc., or commit misdemeanours likely to be qualified as computer crimes;
(c) to comply with the present general conditions of use.
If a Site User does not comply with these obligations, Thalys International reserves the right to immediately prohibit and block access to its site and claim for damages.
8. Applicable law and competent court
Any dispute relating to the validity, interpretation, application or non-application of the rights and obligations connected with the use of the ThalyStory.com Site is subject to Belgian law. Disputes may only be brought before the French-speaking courts of Brussels.
