Last modified: 29.7.2015
1. Information about us
1.1 We are Olympus Europa SE & Co KG. Our registered office is Amsinckstrasse 63, 20097 Hamburg. We are committed to ensuring that the Service is one which you will want to visit regularly and we welcome your comments on the Service. If you have any questions about the Service which are not dealt with in these Terms, or any feedback, then you may contact us by the following email address: email@example.com.
1.2 We reserve the right to modify or change these Terms at any time. In the event of such a modification or change, we will provide reasonable notice before the changes take effect. Unless you object to such changes or continue to use the Services after the changes taking effect, the changes are deemed to be accepted by you. We will inform you about your right to object and the consequences in any such notice.
2. Services and Availability
2.1 Olympus strives to provide continuous availability of the Service; however you acknowledge and agree that the Service is provided "as is" and may not be uninterrupted or error-free.
2.2 The features and functions offered on the Website may vary from time to time. These Terms govern the use of all features and functionality offered through the Service, regardless of whether such features and functionality are existing at the time you register with the Service, or whether added later. As far as free-of-charge services are concerned, Olympus reserves the right to modify, change and discontinue the Service and any of its features and functions at any time without giving prior notice or information.
2.3 Certain parts of the Service as well as certain complimentary offers we may make available to our registered users may be subject to additional terms and conditions ("Additional Services"). We will prominently notify about any additional terms that apply to Additional Services before granting access to an Additional Service. Some Additional Services may also be paid services, and we will ensure that you are informed about any applicable charges and terms before accessing paid Additional Services.
2.4 These Terms govern the use of the Service only. We may link or allow access to third-party services on our Website. Such third-party services, which in any event are clearly identified as such, are subject to different terms and conditions which may differ from this Agreement. Please read those terms and conditions carefully before using a third-party service. Olympus has not influence or control about third-party services. We may also link or allow access to other services offered by Olympus on our website, such as the Olympus web shop which may also have their own terms and conditions.
3. Registration and Termination
3.1 To use the Service, we require you to sign-up and register as a user. We reserve the right to reject a registration in our sole discretion. Registering a user account and using the Service is free; however the Service may comprise Additional Services that can only be accessed against payment. A registration requires that you provide us with the following information: name, surname, gender, email address and country of residence. You may provide additional information such as home address, date of birth, fields of interest etc, on a voluntary basis which allows us to tailor our Service to your needs and interests; however such additional information is not required for registration and its provision lies in your sole discretion.
3.2 By registering for our Service, you represent and warrant that you (i) are 18 years or older, (ii) have the legal capacity to enter into this Agreement and (iii) the information you submit in the course of your registration is complete and correct. If you are under the age of 18, you must not register for and use the Service. You may also register with your Facebook account. In this case, we will retrieve the following data from your Facebook account: [First name, last name, gender, email address, country], and by choosing to register with Facebook, you grant us permission to retrieve this data from your Facebook account.
3.3 After the completion of the registration, we will send you a confirmation email. Your registration will be activated by clicking the activation link in the confirmation email.
3.4 You may terminate your registration without notice at any time by clicking on "delete my account" in the "My Personal Information" section of your user account. Your termination will be effective immediately and you must not use the Service after termination; however due to technical reasons it may take up to two (2) days until our systems have processed your termination and deactivated your user account. Subject to applicable statutory retention periods, we reserve the right to delete any of the data and Content submitted by you after thirty (30) days after termination; however please note that a termination of your user account does not necessarily result in a deletion of the Content provided by you. Photographic images uploaded by you will be deleted from the main gallery; however you acknowledge and agree that images submitted by you that participate in a photo contest will continue to be published in the contest gallery, may be elected for winner and be published according to the Photo Contest Terms & Conditions.
4. Login Details
4.1 You are solely responsible for all use of your login details including, without limitation, your user name and password and for protecting their confidentiality. You must not share these details with anyone or allow anyone to use your login details. You must immediately notify us of any unauthorised use of or access to your login details. Unless you have told us in advance that your login details are being used without your authorisation and such communication has been acknowledged by us, any activity under or in connection with your login details will be your responsibility.
4.2 You will keep your registration data (including contact details) up-to-date. In the event that during the term of your use of the Service your registration details change, you will update your registration details without undue delay either in the personal account settings menu, or, should this menu be unavailable or inaccessible, via email or fax.
5. Your Use of the Service
5.1 You may upload to the Service content or material including, without limitation, text, words, comments, links, articles, data, statistics, graphics, images, photographs, illustrations, artwork, trademarks, names, logos, designs, audio, music or video ("Content") and make such Content available to other users of the Service. If you upload photographic images to the Service, such images will be immediately published, and we will not examine or take otherwise notice of the contents and admissibility of such photographic images.
5.2 Uploading photographic images is limited to seven images per week. Each image must not exceed two megabytes. Uploaded images must be taken with OLYMPUS equipment, i.e. a camera or lens made by OLYMPUS. We reserve the right to delete images that do not fulfil the criteria laid down in this section.
5.3 You must not post onto, submit or transmit to or otherwise make available any Content through the Service which:
(a) is or may be considered to be defamatory, threatening, obscene, harmful, blasphemous or pornographic;
(b) does or might be considered to violate or infringe the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy);
(c) you do not own unless you have the express permission of the owner of the Content;
(d) is vulgar, crude, sexist, racist or incites racial hatred or is otherwise offensive;
(e) is or could be technically harmful to the Services, to us or to any other user or the operation of another’s computer or system;
(f) constitutes or encourages criminal behaviour or acts or is contrary to any law;
(g) does or might be considered to bring us or our name, trademarks, employees or officers into disrepute, or
(h) constitutes spam.
5.4 When using or accessing the Service, you must not
(a) post Content that advertises, promotes or links to commercial offers of you or third parties without our consent;
(b) collect, process or store personal data or other data from other users of the Service, including, without being limited to, email addresses.
(c) encourage or incites any person to breach any of these terms; or
(d) encourage or incite any person to disclose their login details.
5.5 In the event you become aware of an illegal, abusive, infringing or otherwise unauthorized use of the Service, please contact us via the contact details set out in section 1 of these Terms or use the reporting feature provided through the service.
5.6 You are solely responsible for the correctness, accuracy and legality of your Content. Olympus reserves the right to block, delete, reject and refuse any of your Content if Olympus has reason to assume that your Content is illegal, constitutes any infringement of the rights of a third party or violates this Agreement. Olympus will consider your reasonable interests when deciding about the blocking, deletion, rejection or refusal of your Content.
5.7 You will treat other users with respect and dignity and will not threaten, abuse, harass, bully, deceive, victimise, intimidate or express hatred towards any other user of the Services or towards any individual or group of people.
5.8 You will not impersonate any person, or falsely or inaccurately suggest or indicate any connection, affiliation or relationship with any person or entity. You will not refer to any other person in any of your Content unless you have previously obtained that person’s consent to do so.
5.9 You will not deep-link to or frame the Services without our prior written approval to be given or refused at our sole discretion.
5.10 You acknowledge and agree that the Services are for your personal and non-commercial use. You may not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any Content except as is strictly necessary for your own personal non-commercial use and expressly permitted by law. You agree not to use any part of the Services or the Content contained in them in connection with any business or commercial activity or to post or upload any Content or make any contribution to the Services which is or may be considered to be advertising or promotional of any goods or services. You acknowledge that images uploaded by you may be shared via social networks (such as Facebook, Twitter, Pinterest, email, Google+, Flickr, 500px) without prior notification.
5.11 Olympus does not actively moderate or monitor Contributions. If you believe any Contribution by another user to be in breach of this Agreement or applicable law, please notify us, by sending an email to us at firstname.lastname@example.org or by using the reporting function provided through the Services so that we may investigate the matter.
6. Granting of Rights
6.1 You represent and warrant that you are the owner of the copyright in Content uploaded by you, or that you have the express permission of its copyright owner to reproduce it on the Services;
6.2 By posting or publishing any Content via the Services you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to use, copy, distribute, disclose, making publicly available, broadcast, reproduce, transmit, adapt, create derivative works from, edit, change and modify the Content in any other channel, manner, form, medium or technology now known or developed in the future, in particular without being limited to, in the internet and on mobile devices (mobile phones, tablet computers, wearables) for the following purposes:
(a) We may use your Content for the provision of our Service, including the promotion and advertising of our Service and related offers such as sweepstakes, competitions and promotional offers;
(b) We may sub-license any rights you have granted to us to other users of the Service within the terms of this Agreement;
6.3 Olympus will use reasonable efforts to ensure that you are identified as the author of your Content and place an appropriate copyright notice on or near any of your Content. However you acknowledge that you agree to waive your right to be identified as the author of your Content.
6.4 If you terminate your registration, the rights granted to us and other users in your Content remain unaffected.
7. Intellectual Property
7.1 All information, Content, trademarks, business marks, designs, materials and images (hereinafter: "Materials") made available through the Service are protected by copyright and other protective rights. All rights, title and interest in the Materials rests with Olympus, its licensors and/or other registered users who have provided certain Materials to Olympus. The compilation of the Materials may also be protected as a database works within the meaning of Sec. 4 (2), 87a (1) German Copyright Act. You may only use the Materials under the terms of this Agreement and as may be prescribed on the website.
7.2 Parts of the Materials may originate from other registered users or other third parties ("Third Party Materials"). Olympus does not check Third Party Materials for completeness, accuracy and legality, and Olympus does not assume any liability for completeness, accuracy, legality, quality and fitness for a particular purpose of Third Party Materials. This also applies to Third Party Materials available on third party websites that may be linked on our Website.
7.3 Except for as expressly otherwise provided in this Agreement or expressly permitted on the Website,
(a) You may only use and access Content and Materials available through the Service for your own personal, non-commercial use during the term of your registration;
(b) You must not modify, change, translate, make publicly available, copy, distribute, disseminate or display any Content and Materials available through the Service; and
(c) You must not remove, alter or make invisible any copyright notices attached or included in any Content or Material;
You will indemnify and hold harmless Olympus from all claims, losses, damages and costs, including the statutory legal costs for defending against such claim, arising out of or in connection with any third party allegation, claim, demand, proceeding or other action (“Claim”) that your Content infringes a third party's Intellectual Property Right or personal right or right in respect of confidential information of that third party; this shall not apply if and to the extent OLYMPUS or a third party has modified the relevant Content and such modification has not been approved by you and the Claim arises out of the modification. Olympus shall be entitled to conduct any court or our-of-court proceedings and negotiations and to waive, settle or acknowledge a Claim in its sole discretion. You will support Olympus in defending against a Claim and provide all assistance and information as may reasonably be deemed necessary.
9. Your Choices
9.1 In your account settings menu, you can
(a) identify your fields of interest so that we can tailor the Service accordingly and provide you with the best possible user experience;
(b) register your Olympus products so that you may receive complimentary offers, helpful information and specific news related to the products used by you;
(c) update your personal account details; and
(d) subscribe and unsubscribe to the Olympus newsletter. By subscribing to the Newsletter you'll receive regularly information about news, products, events and further topics via email to the address you registered on MyOLYMPUS.
10. Suspension of User Accounts
We may suspend your user account temporarily or permanently if we have reason to assume that you violate this Agreement or breach applicable law, or if we otherwise have a legitimate interest in suspending your user account. We will consider your interests appropriately when deciding about a suspension. We will also notify you about a suspension via the email address provided by you during registration. If we suspend your user account permanently, you are permanently excluded from using the Service and you must not register, or attempt to register, with the Service again using the same or different registration details.
11. Data Protection and Security
Olympus cares about the protection of your personal data and uses up-to-date technology and processes to protect your data from unauthorized access or involuntary disclosure. Olympus will only use your personal data if (i) this is required for the provision of the Service, (ii) permitted under applicable data protection laws and regulations (iii) required by mandatory statutes or (iv) if you have given us your consent for which we may ask you separately when you access certain features and functionality of our Service. Please refer to our Privacy Notice if you want to learn more about our use of your data.
12. Limitation of Liability
12.1 Olympus shall be only be liable for damages resulting from the use of the Service (to the extent it is free-of-charge) if such damages or losses are based on Olympus wilful intent or gross negligence.
12.2 Olympus liability for damages and losses resulting from the use of paid services shall be limited as follows:
(a) Olympus shall be liable without limitation for damages caused intentional or grossly negligent conduct of Olympus, its legal representatives, managing directors or vicarious agents;
(b) In the event of slight negligent conduct, Olympus shall only be liable for damages which are typical and foreseeable for the relevant paid service; this also applies to the legal representatives, managing directors or vicarious agents of Olympus.
Nothing in this clause shall limit or restrict the liability of Olympus for damages to health, body and mind, for fraudulent misrepresentation, for breaches of a contractual guarantee and for claims based on strict product liability.
13.1 Except for as otherwise expressly provided in this Agreement, all notices have to be in writing (email suffices). The email address of Olympus is email@example.com. If you wish to contact us by postal mail, please use the address set forth in Clause 1 above. We reserve the right to change our contact details at any time; however we will use best efforts to notify you about any such change reasonably in advance.
13.2 Should a provision of this Agreement be or become unenforceable or ineffective, the remainder of this Agreement shall remain unaffected. The unenforceable or ineffective provision shall be replaced by an effective and enforceable provision that comes closest to the economic and legal intention of the original provision. The same applies for gaps in this Agreement.
13.3 This Agreement is subject to the laws of the Federal Republic of Germany under exclusion of the United Nations Convention of Contract for the International Sale of Goods (CISG). Notwithstanding statutory venues the User may have, the legal venue for all disputes arising out of or related to this Agreement shall be Hamburg, Germany.