I Saw You on the Train
I Saw You On The Train

by train station, keyword, date, etc.

1. The Service
  1. 1.1. These Terms & Conditions govern your use of Isawyouonthetrain.com.au (the "Service"), a site owned and operated by I saw you on the train Pty Limited, ("ISYOTT") that provides users with an online dating and matchmaking service. ISYOTT is provided to you by ISYOTT on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use ISYOTT for other purposes, directly or indirectly, by you or by a third party is prohibited.
  2. 1.2. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of an online dating and matchmaking service. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by using Isawyouonthetrain.com.au.
  3. 1.3. ISYOTT reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice published on the www. isawyouonthetrain.com.au your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by ISYOTT as permitted above. If you use isawyouonthetrain.com.au after the changes ISYOTT have posted changes you are agreeing to be bound by these terms as amended.
2. Access and User Conduct
  1. 2.1. You must be 18 years of age or older to use Isawyouonthetrain.com.au.
  2. 2.2. You, as a user of the Service, understand that all information contained in your content, whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit via I saw you on the train™. For example, you shall not:
    • transmit upload or post via ISYOTT any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminatory, unlawful, invasive of another's privacy, exploitative of a minor, identifiable information pertaining to a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, obscene, or otherwise objectionable;
    • harass, threaten, abuse, defame, embarrass or cause distress or discomfort to another;
    • transmit upload or post via ISYOTT any Information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;
    • transmit, upload or post any Information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • disrupt the normal flow of Information available on or through ISYOTT or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of ISYOTT or the ISYOTT servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to I saw you on the train™, the I saw you on the train network, servers, directories, databases and listings;
    • transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation;
    • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;.
    • translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of ISYOTT, use of ISYOTT, or access to ISYOTT or any part thereof;
    • impersonate in any way, including without limitation by way of forging headers or otherwise manipulating identifiers, any person, entity, leader, ISYOTT or ISYOTT official, operator or host;
    • collect or store personal data about other users in any way or form or solicit or harvest passwords or screen names in an illegal manner or without due regard to privacy laws in force;
    • use your allocated storage space on ISYOTT as storage for remote loading of Information, or rent, sub-lease or transfer your allocated space on ISYOTT to any third party; or
    •  link your Website on ISYOTT to Information not allowed on ISYOTT under these Terms and Conditions of Service.
  3. 2.3. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content. You grant to ISYOTT the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorised to grant all rights set forth in the preceding sentence. Any information supplied by you for the Service and certain other information which ISYOTT may collect is subject to ISYOTT’s privacy policy. For more information, you can review ISYOTT’s privacy policy at www.isawyouonthetrain.com.au
  4. 2.4. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the use of the registered subscribers of the Service. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in these terms and conditions. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software's patent and/or copyright. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of ISYOTT or the owners of such Content or their authorised persons.
  5. 2.5. ISYOTT does not control, actively monitor or review the Information uploaded, posted, transmitted or made available on or through ISYOTT and shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using I saw you on the train™, you may be exposed to Information that is offensive, indecent or objectionable. The material you post or transmit on the ISYOTT tool is solely your responsibility; ISYOTT will not be liable for any liability in regards to the material used on our website.
3. Acceptable Use
  1. 3.1. As a user of the ISYOTT Service, you agree to abide by ISYOTT’s Acceptable Use Policy.
  2. 3.2. Service Outages: whilst ISYOTT hope there are no server outages we cannot be held responsible for any sort of software failure or hardware failure or internet connection failure. ISYOTT will also not be held liable for any loss of income due to Service Outages, it is the customers responsibility to advise ISYOTT if they require a guaranteed 80% uptime. ISYOTT will do its best to schedule Service Outages outside of business hours to minimize disruption to businesses.
4. Information Posted on ISYOTT
  1. 4.1. By transmitting, uploading, posting or submitting any content to ISYOTT you declare such Information is not confidential, secret or proprietary information; warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to ISYOTT does not violate any copyright or other laws; and irrevocably grant ISYOTT, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the content in any form anywhere. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any information available on or through I saw you on the train™.
  2. 4.2. ISYOTT shall not be obligated to actively monitor, review, or otherwise control in any manner, the content users post, upload or transmit through I saw you on the train™. However, ISYOTT reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through I saw you on the train™. Without limiting the foregoing, ISYOTT shall have the right to remove any Information that violates these Terms and Conditions of Service or is otherwise objectionable in ISYOTT’s sole opinion. The information on ISYOTT may include inappropriate material. By entering or using ISYOTT you undertake full responsibility to:
    • determine whether the information complies with your needs and is accurate and when deemed important is confirmed in writing.
    • determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you and;
    • comply with any legal obligations, including without limitation obligations imposed by copyright, trade secret, defamation, indecency, online conduct and acceptable content, privacy and export laws. If you do not agree to these Terms and Conditions, do not enter or use I saw you on the train™.
5. Third Party Links
  1. 5.1. Some portions of the ISYOTT website may include links to third party sites. These links allow you to exit ISYOTT website and enter third party or other users Websites. These links are provided only as a convenience. The linked Websites are not reviewed, controlled or examined by ISYOTT and ISYOTT is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by ISYOTT. In no event shall ISYOTT be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' Websites or the Information, advertising, products, resources or material accessed through these Websites. ISYOTT reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Website, from ISYOTT.
6. Disclaimer of Warranties
  1. 6.1. You expressly agree that entering or using of ISYOTT is at your own risk. No warranty, representation, condition, undertaking or term - express or implied, statutory or otherwise - including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of ISYOTT is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.
  2. 6.2. ISYOTT makes no warranty that ISYOTT will meet your requirements, or that ISYOTT will be uninterrupted, timely, secure, or error free; ISYOTT makes no representations as to the suitability of the information available on or through ISYOTT, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.
  3. 6.3. ISYOTT do not review, control or examine the material contributed by users  in any way before it appears on ISYOTT. ISYOTT does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the material posted or transmitted in the website.
  4. 6.4. ISYOTT does not warrant or guarantee:
    • that any information available on or through ISYOTT will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties;
    • that the information available on or through ISYOTT will not contain adult-oriented material, or material which some individuals may deem objectionable; or
    • that the functions or services performed by ISYOTT will be uninterrupted or error-free or that defects in ISYOTT will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user's information or system.
7. Limitation of Liability
  1. 7.1. In no event shall ISYOTT be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment, death or personal injury caused by negligence, fraudulent misrepresentation), or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, inability to utilise or improper use of ISYOTT even if ISYOTT shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise.
  2. 7.2. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you. In no event shall ISYOTT be liable to any party for any delays, inaccuracies, errors or omissions with respect to ISYOTT or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through ISYOTT. You expressly agree that ISYOTT shall not be responsible or liable for any loss of data, nor shall ISYOTT be required to return any lost data, resulting from the suspension or deletion of user material, network or system outages, file corruption or any other reasons.
  3. 7.3. You expressly agree that ISYOTT shall not be liable for any conduct by users of ISYOTT and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through ISYOTT.
  4. 7.4. You expressly agree to indemnify and hold harmless ISYOTT, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to ISYOTT, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
8. Miscellaneous
  1. 8.1. ISYOTT reserves the right in its sole discretion to:
    • make improvements, corrections, adaptations, conversions and/or any other change in ISYOTT and to any part thereof and/or to revise or modify these Terms and Conditions of Service;
    • change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, ISYOTT or any part thereof, to all users or any number thereof including without limitation the use of or access to ISYOTT, granted to you or to any other user, at any time, without notice, for any reason or no reason;
    • refrain from publishing on this site and delete or remove from ISYOTT, at its sole discretion, any Web page or Information or material provided for display, posted, uploaded or transmitted by any user or any part thereof;
    • establish a new operating and usage policy for ISYOTT and change it at any time for any reason or no reason; and
    • cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing ISYOTT numbers or any other details of the users using ISYOTT, at any time.
  2. 8.2. These Terms and Conditions of Service do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary rights of ISYOTT. ISYOTT may revise or replace these Terms and Conditions of Service from time to time. You agree that your use of ISYOTT, after a notice of such change has been provided on the ISYOTT network or Website for the first time, shall constitute your consent to the new or revised ISYOTT Terms and Conditions of Service. Any reference made in this document to ISYOTT or ISYOTT shall be deemed to have been made to ISYOTT, its suppliers, co-branders and licensors and each of their subsidiaries, successors, assignees, affiliates as well as any company that controls ISYOTT, directly or indirectly, and any other subsidiary of that controlling company.