Terms of Service for VictorianRailPhotos.com

Effective Date: September 3, 2025

Welcome to VictorianRailPhotos.com (the "Site"), a platform dedicated to sharing and viewing photographs of train carriages, locomotives, and other railway-related items, primarily focused on Victoria, Australia. By accessing or using the Site, including logging in via Discord or Google, uploading photos, or otherwise interacting with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site.

These Terms incorporate our Privacy Policy, which explains how we collect, use, and protect your personal information. We recommend reviewing it alongside these Terms.

1. Eligibility

You must be at least 13 years old to use the Site. If you are under 18, you must have the consent of a parent or legal guardian. By using the Site, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms.

2. User Accounts

• Registration: To access certain features, such as uploading photos, you must create an account by logging in via Discord or Google. You agree to provide accurate and complete information during registration and to keep your account credentials secure.
• Account Security: You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.
• Third-Party Authentication: Logging in via Discord or Google subjects you to their respective terms and privacy policies. We are not responsible for any issues arising from these third-party services.
• Account Termination: We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason, with or without notice.

3. User Content

• Uploads: You may upload photographs and related content ("User Content") depicting train carriages, locomotives, and other railway items, primarily in Victoria, Australia. All User Content must comply with these Terms.
• License Grant: By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, modify, display, and perform your User Content in connection with operating and promoting the Site. This license continues even if you stop using the Site, but you retain ownership of your User Content.
• Representations: You represent that you own or have the necessary rights to upload your User Content and that it does not infringe on any third-party rights, including copyrights, trademarks, or privacy rights.
• Content Guidelines: User Content must not:
  • Be illegal, harmful, abusive, obscene, hateful, or discriminatory.
  • Contain viruses, malware, or other harmful code.
  • Infringe on intellectual property or privacy rights.
  • Promote illegal activities or spam. We may remove or refuse any User Content that violates these guidelines, at our sole discretion.

4. Intellectual Property

• Site Content: All content on the Site not uploaded by users, including text, graphics, logos, and software, is owned by us or our licensors and protected by copyright, trademark, and other laws.
• Limited License: We grant you a limited, non-exclusive, revocable license to access and use the Site for personal, non-commercial purposes. You may not copy, modify, distribute, or create derivative works from Site content without our written permission.

5. Prohibited Conduct

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law.
• Impersonate others or provide false information.
• Harass, stalk, or threaten other users.
• Upload content that is not related to railways in Victoria, Australia, or that is off-topic.
• Attempt to hack, disrupt, or interfere with the Site's operations.
• Use automated tools (e.g., bots, scrapers) to access or upload content without permission.
• Commercialize the Site or User Content without our consent.

6. Termination

We may terminate or suspend your access to the Site at any time, without notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Site ends immediately, but Sections 3 (License Grant), 4, 6-10, and any other provisions that by nature should survive will remain in effect.

7. Disclaimers

The Site is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any content on the Site. Use at your own risk.

8. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, even if advised of the possibility of such damages. Our total liability to you shall not exceed $20 AUD. This limitation applies regardless of the legal theory.

9. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from your use of the Site, your User Content, or your violation of these Terms.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be resolved exclusively in the courts of Victoria, Australia. You waive any objections to jurisdiction or venue in such courts.

11. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by posting the updated Terms on the Site or via email. Your continued use of the Site after such changes constitutes acceptance of the new Terms.

12. Miscellaneous

• Severability: If any provision of these Terms is held invalid, the remainder shall continue in full force.
• No Waiver: Our failure to enforce any right does not constitute a waiver.
• Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and us.
• Assignment: We may assign these Terms without your consent; you may not assign them without our written permission.

Contact Us

If you have questions about these Terms, please contact us at [email protected] or via the Site's contact form.

By using VictorianRailPhotos.com, you acknowledge that you have read, understood, and agree to these Terms of Service.