Railroad Gallery is designed to be a space for railroad photographers and enthusiasts to share images publicly to make connections and gain support for their images. In this document, Railroad Gallery, LLC is defined as the website herein, We, Us, Our is respective to the owner of the website. Users, you, your refers to the individuals or group accessing the page. Railroad Gallery, LLC was founded on October 10, 2022
Upon registering to the website, you supply us with your name, phone number, password, userID, and email. Your name, password, and userID is publicly accessible and will be publicly displayed. Your name will appear wherever one of your photo is displayed. Your password is stored as a one-way hashed value (an encryption value). In the event of a data breach where the contents of our database is compromised, we cannot guarantee the privacy of any of your information that you voluntarily submit. Upon registration, you assume all responsibility for the content that you post, have posted, or will ever post to Railroad Gallery, LLC. You also agree that you will not take legal action against the website for any reason.
Whenever digital media is uploaded, you grant Railroad Gallery permission to host your image on its servers and display it on a pubicly facing websites. This permission persists until you revoke your permission by deleting a particular image or deleting your account. When you select the checkbox, "Can we publish your photo on Instagram?", you allow Railroad Gallery to upload your photograph to Instagram (with your name in the description of the Instagram Post), and subsequently oblige to the terms and conditions of Instagram/Meta. The name that you have provided us will be used to credit you, the author of the image. Railroad Gallery does not accept images from users who do not own the necessary copyright permissions to publish the image. Should a copyright issue arise where you, the user, have submitted an image that you do not own, you will accept all liability, and any litigation against Railroad Gallery, LLC will be transferred to you. Should you chose to delete your account, all of your photographs will be erased from the website and its servers.
This website uses Cookies to manage the authentication of the users. This website utilizes the ASP.NET Framework, and Microsoft's cookies are inherited for use on this page.
You may upload as many images as he/she chooses within the daily quota for your membership and your Merit Point Balance. All photos uploaded to the site must be:
When an inappropriate image is uploaded to the website, the photograph will be deleted. Merit points will not be reinstated and the deleted image will still count towards any daily quota. If a photo is deemed to be vulgar, lewd, or spam, the user may be suspended or terminated. In this case, no refunds for Premium Membership will be issued.
Railroad Gallery offers its premium memberships to Photographers who wish to sell image licenses /digital files for their images. A Premium Membership allows the photographer to set their own prices for their photographs. In addition to the ability to sell licenses, the photographer gains expanded access to the site, including more Merit Point distributions and an increased daily limit of photos.
When an image is purchased, the photographer will an instant payment from Paypal from the customer. The transaction will be a direct payment between the customer and the photographer. Before a user can sell digital files and licenses, they must complete the PayPal seller onboarding process which requires the creation of a PayPal account. Railroad Gallery takes a 20% commission on all licenses sold in addition to all Paypal fees per transaction. The current PayPal Fees are 3.49% of the purchase price plus $0.49. The amount that a photographer will receive from a photograph is calculated using this formula: ----------- Paypal Fees-------- ------------Commission----------- Photograher's Earnings = Sale Price - ((0.0349 * Sale Price) - $0.49) - (Sale Price - (SalePrice * 0.20))
The purchase of a license / digital file is a sale between the license holder and the photographer. Railroad Gallery acts as the issuer of the license and the platform of which the sale is captured. The payment of any and all licenses is a direct payment to the photographer, less Railroad Gallery's commission indicated in the above section. When a photograph is selected for purchase, the dimensions of the photograph in pixels will be displayed. The purchase will include two (2) files: an automatically text document stating the license agreement between the license holder and the photographer and the photograph delivered as a ".jpg" file. The photographer's email address will be provided to the license holder for ease of contact after the sale.
Should an issue arise when a license holder or recipient of the image file is not satisfied with their purchase, they may invoke a dispute of the transaction. A form will be provided where the license holder will indicate their rationale of the dispute. Once submitted, the photographer will have the opportunity to respond, either by agreeing or disagreeing with the dispute, providing a new image file, or otherwise resolving the conflict such that the license holder revokes their dispute. When a photographer disagrees with the decision, Railroad Gallery will manually review the dispute and make a decision within 7 days of the raised dispute.. If the photographer does not respond within the 7 days between the dispute creation and the time that Railroad Gallery makes its decision, the dispute will automatically be sided with the license holder.
Railroad Gallery is not responsible for the content of advertisements on this website. The whitelisting of Railroad Gallery with respect to ad blockers is mandatory.
All media uploaded to Railroad Gallery must be void of foul language and adult content. Cyber bullying is not tolerated, and anyone who feels victimized as a result of cyber bullying on Railroad Gallery shall contact the administration immediately. Media containing foul language and inappropriate images will be removed immediately.
IN NO EVENT SHALL RAILROAD GALLERY, ITS DIRECTORS, MEMBERS, PHOTOGRAPHERS, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE RAILROAD GALLERY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RAILROAD GALLERY,, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RAILROAD GALLERY'S RECORDS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RAILROAD GALLERY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RAILROAD GALLERY FOR ACCESS TO OR USE OF THE SITE.
Railroad Gallery reserves the right to terminate, without notice or reason, access to the site and/or block your account.
Railroad Gallery reserves the right to terminate the website without notice. Railroad Gallery reserves the right to remove user submitted content without notice. Railroad Gallery reserves the right to suspend or terminate user accounts for any reason or the lack of any reason at its discretion. All photographs remain copyright of their respective owners. Advertisements will be displayed along side user submitted content. The use of bots and hired resources to boost views is strictly prohibited. Any account suspected of using bots or hired resources will be immediately disabled and pending deletion. Traffic sources are monitored through an analytic software. Legal action will be taken should this behavior interfere with Railroad Gallery's ad hosting agreement.
Please Contact us with any questions pertaining to the Terms of Service or the Site in general."
