General Terms and Conditions of Use of Archives SNCF
OCTOBER 2023
FOREWORD
The purpose of these General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) is to determine the conditions for accessing and the rules for using the « ARCHIVES SNCF » Website accessible via the following link: https://www.archives.sncf.com
Access to the Website is subject to compliance with the GTCU and is strictly reserved for the User as defined below.
When a User first accesses the Website, a window containing the GTCU is displayed. The User must accept them by ticking the box: “I have read the GTCU of the «Archives SNCF» Website in full and I accept them.”
The Publisher reserves the right to modify or update at any time, unilaterally, the GTCU according to the changes or additions made, in order to comply with all legal, jurisprudential, editorial and/or technical developments as well as any changes to the general terms and conditions of use of the Host’s services.
The User must regularly consult the latest version of the GTCU available at all times on the Website.
If the GTCU are changed, a window with the changed GTCU is displayed. The User must agree to the new GTCU by ticking the box “I have read the GTCU of the «Archives SNCF» Website in their entirety and I agree to them“.
If the User does not agree to the GTCU, he/she will not be able to access the Website.
ARTICLE 1 – DEFINITIONS
In the GTCU, words or expressions beginning with a capital letter, singular or plural, shall have the following meaning:
Website: refers to the website offered by the Publisher on the Internet from the address https://www.archives.sncf.com.
Cookie(s): refers to computer files, stored on the hard disk of the User’s computer or any mobile device belonging to the User such as a smartphone or tablet.
Publisher: means Société Nationale SNCF
Host: means MICROSOFT AZURE.
Information: refers to all information and publications accessible on the Website.
User(s): means everyone having access to the Website regardless of the location and connection methods.
ARTICLE 2 – PURPOSE OF THE WEBSITE
The purpose of the Site is to make available to users a collection of digitized SNCF archives.
The SNCF Group’s Archives and Documentation Department (SARDO) is pleased to present two centuries of railway history. These archives are key sources for the history of the railways and for the cultural, social and artistic history of the 19th and early 20th centuries. As an integral part of the SNCF Group, the SARDO, with its historical and heritage collections on the railway adventure and the transport of people and goods in France and abroad, can assist you with your research projects, whether you are a student, researcher, professional or simply curious.
Any use of the Website shall be in accordance with the GTCU.
ARTICLE 3 – ACCESS AND USE OF THE WEBSITE
3.1 Access to the Website
Access to the Website is possible from a computer, a tablet or a smartphone connected to a telecommunication network according to the communication protocols used on the Internet network.
The Publisher grants the User the right to view, use and access the Information on the Website.
3.2 Cost of access
Access to the Website is free of charge and is not subject to subscription. All software and hardware necessary for the use or operation of the Website, access to the Internet or communication costs are the sole responsibility of the User outside his/her place of work.
Each User is fully responsible for their connection data. Unless proven otherwise, any connection to the Website, or transfer of data using the User’s connection information, shall be deemed to have been made by the User.
3.3 Accessibility period
The User’s access to the Website is for an unlimited period of time, without prejudice to the User’s or the Publisher’s right to unilaterally terminate the agreement at any time, without prior notice, reason, or compensation.
The User acknowledges that, in the event of a violation of the legislative provisions and/or the GTCU, the Publisher may block and/or terminate access to the Website, without prior notice, with immediate effect.
3.4 Use of the Website
In particular, the User is prohibited from the following, without this list being exhaustive:
- Using the Website for commercial purposes and in general from proposing products and services with direct or indirect remuneration;
- “Reselling” or providing to third parties and/or other Users the content of the Website, whether for a fee and/or free of charge;
- Using the Website to send advertising or unsolicited promotional elements in any way.
3.5 Information and features offered
The Website offers the User the possibility to search and consult SNCF digitized archives.
ARTICLE 4 – AVAILABILITY OF THE WEBSITE
The Website is accessible 24 hours a day, 7 days a week except in the event of force majeure or an event beyond the control of the Publisher.
The Publisher reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Website, in particular for maintenance and updating operations necessary for the proper functioning of the Website and related materials, or for any other reason, particularly technical.
The Publisher is not bound by any performance obligation concerning the availability of the Website but only by a best-efforts obligation. The Publisher is in no way responsible for interruptions and the consequences that may result for the User particularly when the interruptions are caused by the Host for maintenance or other purposes.
The User is informed that the Publisher may terminate or modify the characteristics of the Website at any time, without notice and without the User having any recourse against the Publisher.
ARTICLE 5 – Hosting of the WEBSITE
Users are expressly informed that the content published on the Website is hosted and stored on MICROSOFT AZURE servers.
ARTICLE 6 – INTELLECTUAL PROPERTY
6.1 Intellectual property of the Website
In general, the User shall refrain from infringing the intellectual property rights (copyright, neighbouring rights, sui generis rights of the producer of databases, trademark rights, domain names, etc.) of the Publisher and the Host, and of any third party.
The Publisher holds all intellectual property rights to both the structure and content of the Website (texts, logos, images, sound elements, software, icons, page layout, database, etc.) or has duly acquired the rights allowing the structure and content of the Website to be used, without any limitation.
Thus, the User is prohibited from copying, reproducing, representing, modifying and/or exploiting, transferring in any way whatsoever and for any purpose whatsoever, all or part of the structure and content of the Website, except where express, prior and written authorisation is obtained from the Publisher.
Any abusive downloading that is found to be taking place may result in the Publisher and/or any third party concerned taking such sanctions as may be appropriate.
Any software download offered by the Host on the Website must comply with the Host’s terms of use. The User must contact the Publisher, before any download, in order to find out whether this software is among the services subscribed to by the Publisher from the Host.
The consequences of any infringement resulting from any download carried out by the User without having informed the Publisher and/or contravening the Host’s terms of use are entirely at the User’s expense.
The trademarks and logos reproduced on the Website are registered with the competent offices by the companies that own them. Any reproduction of the names or logos in any way without prior authorisation from the owner concerned is prohibited.
Failure to respect these restrictions may constitute an act of counterfeit and/or illegal and interfering competition, invoking the User’s civil and/or criminal responsibility.
6.2 Intellectual property of the Information
The Publisher reiterates that it is the sole owner of the intellectual property rights on the data and Information provided via the Website and particularly:
- archives, in all formats: document, sound, video, photographs;
- their associated metadata.
The Publisher grants the User a free and non-exclusive licence to use the software for his/her professional needs.
This licence allows the User:
- To display the data available on the Website;
- To download the data authorised for downloading by the Publisher.
ARTICLE 7 – PERSONAL DATA
All information relating to the processing of Users’ personal data is detailed on the Website in the “Personal Data Information Notice” available under the “Personal Data” tab at the bottom of the Website page.
ARTICLE 8 – COOKIES
All information relating to Cookies is available on the Site in the “Cookies Information” section under the “Cookie Management” tab.
ARTICLE 9 – GUARANTEES/LIABILITY
The User undertakes, when using the Website, not to contravene the legislative and regulatory provisions in force, the good practices of the Intranet and netiquette, and the GTCU.
The User is informed that any use of the Website in violation of the provisions of the GTCU is likely to engage his/her responsibility and lead to legal proceedings and sanctions against him/her.
The User is liable to the Publisher and/or third parties for any direct and/or indirect material and/or immaterial damage of any kind caused by the User and/or his/her employees in the event of non-compliant use of the Website.
The User guarantees the Publisher, and its parent, sister or affiliate companies and its representatives, employees and partners against any demand, complaint, claim and/or recourse of any kind which results from any violation of these provisions.
In the event of a dispute related to the violation of the GTCU, the Publisher reserves the right to take action against the User in accordance with Article 15 of the GTCU on the settlement of disputes or to call on the User to provide a guarantee.
The User may then be required to compensate, at any time and upon first demand, damages caused to the Publisher and/or third parties resulting from any violation of the GTCU.
This guarantee covers all damages and interest which may be paid, regardless of their direct or indirect origin, as well as lawyer’s fees, assessment expenses, court fees, etc.
The User undertakes to act diligently to answer any claim.
The Publisher undertakes to take all necessary technical and organisational measures to protect the Information circulating on the Website and to guarantee the security of the personal data it has collected and to avoid its disclosure to unauthorised third parties.
However, it is up to the User to implement all useful means to preserve the confidentiality of the Information transmitted and in particular to assign it to private spaces.
Each User of the Website expressly undertakes:
- not to use any software or process intended to copy the Information on the Website without the express prior authorisation of the Publisher;
- to expressly renounce the use of software or devices likely to disrupt the proper functioning of the Website, and not to engage in any action likely to impose a disproportionate burden on the Publisher’s infrastructure;
- not to alter or modify or create derivative works from the Information on the Website without the express prior consent of the Publisher;
- not to extract or reuse, including for private purposes, without prior written authorisation from the Publisher, any substantial or non-substantial part of the content of the databases and archives constituted by the Website;
- not to collect information about third parties, including e-mail addresses, for the purpose of sending commercial solicitations or the like, or to integrate them into a referral service or the like, whether free or paid, or for the purpose of competitive intelligence;
- not to set up systems that are likely or of a nature to hack the Website in whole or in part, or of a nature to violate the GTCU;
- to inform the Publisher as soon as they become aware of any infringement whatsoever (in particular of the Publisher’s intellectual property rights), in particular any illicit or non-contractual use of the Information on the Website, regardless of the means of distribution used.
Any User who publishes a Contribution on the Website acknowledges that he/she is personally liable, both to third parties and to the Publisher, in the event of a breach of the applicable legislative or regulatory provisions and consequently guarantees the Publisher against any disputes, claims or legal dispossession.
The Publisher shall not be liable for any use of its services that does not comply with the GTCU.
ARTICLE 10 – CONTACT
For any question relating to the functioning of the Website and the GTCU, you may contact archives.sncf@sncf.fr.
ARTICLE 11 – INVALIDITY OF A CLAUSE
The invalidity in whole or in part of one or more of the provisions of the GTCU, under the terms of a legal or regulatory provision or a legal decision that has become definitive, does not lead to the invalidity of the other provisions or the part of the provision that is not invalid.
ARTICLE 12 – APPLICABLE LAW – SETTLEMENT OF DISPUTES
The GTCU are subject to French law.
In the event of any dispute regarding the interpretation, validity or performance of the GTCU, the User and the Publisher agree to use their best efforts to settle the dispute amicably.
In the event that an amicable agreement cannot be reached, any possible dispute relating to the interpretation or execution of the GTCUs will be submitted to the jurisdiction of the Paris courts.