GENERAL TERMS AND CONDITIONS FOR THE USE OF INSTAGRAM PHOTOS ON THE SOCIAL WALL

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GENERAL TERMS AND CONDITIONS FOR THE USE OF INSTAGRAM PHOTOS ON THE SOCIAL WALL

Rail Europe’s social wall is the digital wall of Rail Europe on which are disseminated, after authorization of their authors and after moderation, certain photos from Instagram.

1. I posted a photo on Instagram with the hashtag # [1], and Rail Europe would like to use it. What happens now?

I remain the holder of the rights of my photo. My photo will not be used by Rail Europe without my express and explicit consent. Rail Europe will ask me for permission to use my photo, and I will be able to give or deny consent at that time.
If Rail Europe wants to use my photo, I will receive this comment from Rail Europe’s Instagram account (@raileurope) directly on my photo:

raileurope Very nice photo @auberisotto , we would love to post it on our website! If you’re of age and you’re OK with [---], thanks for answering us with the hashtag #__ and #_ . See you!

I have these options :

  • I do not wish for my photo to be used on Rail Europe’s Site, in which case I can: * Ignore Rail Europe’s request and simply not respond to the comment * Let Rail Europe know that I do not wish for my photo to be used at this time. No hard feelings!
  • I would love for my photo to be used on Rail Europe’s Site, in which case I : * Respond to Rail Europe’s comment to let them know I’d love for them to use my photo. In my response, I’ll tag Rail Europe’s account to make sure they see my comment (@raileurope) and I’ll also make sure to use the hashtag #[2] in order to give them full permission.

2. I have given Rail Europe permission to use my Instagram photo on Rail Europe’s Site. What does this mean for me legally?

By replying with hashtag #[2], whether associated or not with hashtag #[1], to the request from Rail Europe to publish my photo, I remain holder of my rights and can therefore use it as I please, concurrently:

  • I authorize Rail Europe 4A (a French law company with a capital of 915,000 euro, registered in the Paris Business Register under number 401 714 993) and all its subsidiaries, including Rail Europe Inc. (American company, incorporated under Laws of Delaware, USA), hereinafter together referred to as "Rail Europe", to use my photo, for the purposes of disseminating and illustrating the site [---], all the variations of this site as well as the social networks used by Rail Europe (hereinafter together referred to as the "Site").
  • I guarantee that I am of age and am authorized to grant the rights described in this document to Rail Europe ;
  • I acknowledge to respect Instagram’s terms and conditions ;
  • In the event that I appear in my photo, I authorize Rail Europe to disseminate my photo ;
  • I also authorize Rail Europe to reproduce on my photo my first name, surname and pseudo as they appear on Instagram ;
  • In the event that persons, friends or others, appear in my photo, I acknowledge that I have obtained their agreement or that of their legal representatives for minor persons, for the purposes of disseminating and illustrating the Site ;
  • I also acknowledge that my photo do not undermine the rights of third parties ;
  • I acknowledge that this authorization is granted free of charge, for the whole world, for any type of medium, digital or otherwise, for a period of five (5) years as from the date it is first used by Rail Europe;
  • I am also informed of the fact that Rail Europe is under no obligation to use my photo.

3. I gave Rail Europe permission to use my Instagram photo on their Site. On which pages of Rail Europe’s site can I see my photo?

The Instagram widget will be displayed on several pages of the Site, so it’s possible my photo can appear on any of these pages. The Instagram widget will most likely be used on the Site pages that display city or routing information, suggested itineraries, and other more inspirational pages of the site, although Rail Europe can activate or deactivate the widget at any time.

Here are a few examples of the pages where my photo might appear on the Site :

  • The home page
  • The train pages (Eurostar, TGV, Thalys, etc)
  • City or destination pages (Paris, Marseille, Barcelona, etc)
  • Special event pages (for promotions, flash sales, etc)

The display or form of the Instagram widget may vary slightly from page to page, depending on the page content and supported templates.

4. I gave Rail Europe permission to use my photo on their Site. Can I still use my photo?

Yes, of course. By using the hashtag #[2] and telling Rail Europe they could use my photo, I simply authorized Rail Europe to display the photo in their Instagram widget on their Site. I remain the holder of all the copyrights on my photo, so I am free to use it as I see fit.

5. I gave Rail Europe permission to use my Instagram photo on their Site. Can I change my mind?

Yep! At any time, I may request the removal of my photo from the Site, for any reason whatsoever, by contacting Rail Europe at the following address: customercare@raileurope.com.
Rail Europe will make its best effort to remove the photo from the Instagram widget on the Site within five [5] business days of my written e-mail request – however it may take longer if the request is received during or right before holidays, or if there is a Site issue, or unforeseen act of nature, or other unforeseen event.

6. I gave Rail Europe permission to use my Instagram photo on their Site, but then later on I deleted my photo from my Instagram account. What will happen now?

No worries. If I delete a photo from my Instagram account and Rail Europe was using that photo on their Site, it will automatically disappear from their Site as well. The Instagram widget that Rail Europe is using feeds directly from the Instagram app itself, so any photos removed from Instagram will also be removed from the widget, and will therefore no longer appear on the Site.

Of course, I am aware that technical difficulties occur from time to time. As a result, if I see that my photo is still on the Rail Europe site even though I removed it from Instagram, I can request the removal of my photo from the Site by contacting RAIL EUROPE at the following address: customercare@raileurope.com.

Rail Europe will make its best effort to remove the photo from the Instagram widget on the Site within five [5] business days of my written e-mail request – however it may take longer if the request is received during or right before holidays, or if there is a Site issue, or unforeseen act of nature, or other unforeseen event.