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AdventureTuesday, August 31, 2021
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govern the relationship between us ("OM Digital Solutions GmbH",
"we", "us") as the provider of the MyOlympus
internet service available under the domain www.my.olympus-consumer.com and, as
the case may be, other domain names and as a mobile application, and all its
features and functions (hereinafter: "Service" or "Website"),
and you as a registered user of the Service (hereinafter "User",
"you", "your(s)"). These Terms govern the provision
of the Service and your use of the Service.
Information about us
We are OM Digital Solutions GmbH (Germany). Our
registered office is Domstraße 10 | 20095 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 at the following e-mail address: email@example.com
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 of any such notice.
Services and availability
OM Digital Solutions 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
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 in existence at the time you register with the
Service, or whether added later. As far as free-of-charge services are
concerned, OM Digital Solutionsreserves 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.
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 you of 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
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 and are subject to
different terms and conditions that may differ from this Agreement. Please read
those terms and conditions carefully before using a third-party service. OM
Digital Solutions has no influence or control over third-party services. We may
also link or allow access to other services offered by OM Digital Solutions on
our Website, such as the OM Digital Solutions web shop, which may also be
subject to their own terms and conditions.
Registration and termination
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, e-mail address and country of residence.
You may voluntarily provide additional information that allows us to tailor our
Service to your needs and interests, such as title, home address, date of birth
and fields of interest; however such additional information is not required for
registration and its provision lies in your sole discretion.
By registering for our Service, you represent
and warrant that (i) you are 16 years or older, (ii) you 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 16, you must not register for and use the Service.
After the completion of the registration, we
will send you a confirmation e-mail. Your registration will be activated by
clicking the activation link in the confirmation e-mail.
You may terminate your registration without
notice at any time by clicking on "delete my account" in the "My
settings" 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 for participation in a Photo Challenge
will continue to be published in the challenge gallery and may be elected for
winner and published according to the Photo Challenge
Terms & Conditions.
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.
You will keep your registration data (including
contact details) up-to-date. In the event that your registration details change
during the term of your use of the Service, 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 e-mail..
Your Use of the Service
You may upload to the Service content or
material including, but not limited to, text, comments, links, graphics,
photographs, trademarks, names, audio 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.
Uploading photographic images is limited to
seven images per week. Each image must not exceed five megabytes. For Photo Challenges,
uploaded images must be taken with OM Digital Solutions equipment, i.e. a
camera or lens made by OM Digital Solutions; please note the respective
conditions of the Challenge. We reserve the right to delete images that do not
fulfil the criteria laid down in this section.
You must not post onto, submit or transmit to or
otherwise make available any Content through the Service that:
is or may be considered to be defamatory,
threatening, obscene, harmful, blasphemous or pornographic.
does or might be considered to violate or
infringe the rights of others (including intellectual property rights, rights
of confidentiality or rights of privacy);
you do not own unless you have the express
permission of the owner of the Content;
is vulgar, crude, sexist, racist or incites
racial hatred or is otherwise offensive;
is or could be technically harmful to the
Services, to us or to any other user or the operation of another’s computer or
constitutes or encourages criminal behaviour or
acts or is contrary to any law;
does or might be considered to bring us or our
name, trademarks, employees or officers into disrepute, or
When using or accessing the Service, you must
post Content that advertises, promotes or links
to commercial offers of you or third parties without our consent;
collect, process or store personal data or other
data from other users of the Service, including, without being limited to, e-mail
encourage or incite any person to breach any of
these terms; or
encourage or incite any person to disclose their
In the event you become aware of an illegal,
abusive, infringing or otherwise unauthorised 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.
You are solely responsible for the correctness,
accuracy and legality of your Content. OM Digital Solutions reserves the right
to block, delete, reject and refuse any of your Content if OM Digital Solutionshas
reason to assume that your Content is illegal, constitutes any infringement of
the rights of a third party or violates this Agreement. OM Digital Solutions
will consider your reasonable interests when deciding about the blocking,
deletion, rejection or refusal of your Content.
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.
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
You will not deep-link to or frame the Services
without our prior written approval, to be given or refused at our sole discretion.
You acknowledge and agree that the Services are
for your personal and non-commercial use. You may not copy, download,
reproduce, republish, broadcast or transmit any Content, in any manner
whatsoever, 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 advertise or
promote any goods or services. You acknowledge that images uploaded by you may
be shared (e.g. via Facebook, Twitter, Pinterest, e-mail, Flickr, 500px)
without prior notification.
OM Digital Solutions 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 e-mail
or by using the reporting function provided through the Services so that we may
investigate the matter.
Granting of rights
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.
For the operation of the MyOlympus services, OM
Digital Solutions depends on the use of certain content provided by you. 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, make 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 but not limited to, on the internet and on mobile
devices (mobile phones, tablet computers, wearables) for the following
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;
we may sub-license any rights you have granted
to us to other users of the Service within the terms of this Agreement.
OM Digital Solutions 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.
If you terminate your registration, the rights
granted to us and other users in your Content remain unaffected.
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 OM
Digital Solutions, its licensors and/or other registered users who have
provided certain Materials to OM Digital Solutions. The compilation of
the Materials may also be protected as a database work within the meaning of
Section 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.
Parts of the Materials may originate from other
registered users or other third parties ("Third Party Materials").
OM Digital Solutions does not check Third Party Materials for completeness,
accuracy and legality, and OM Digital Solutions 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.
Except as expressly provided otherwise in this
Agreement or expressly permitted on the Website,
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;
you must not modify, change, translate, make
publicly available, copy, distribute, disseminate or display any Content and
Materials available through the Service; and
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 OM Digital Solutions from all claims, losses, damages and
costs, including the statutory legal costs for defending against any 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 that OM Digital Solutions 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. OM Digital Solutions shall
be entitled to conduct any court or out-of-court proceedings and negotiations
and to waive, settle or acknowledge a Claim in its sole discretion. You will
support OM Digital Solutions in defending against a Claim and provide all
assistance and information as may reasonably be deemed necessary.
In your account
menu, you can
My interests: identify your fields of interest
so that we can tailor the Service accordingly and provide you with the best
possible user experience;
My products: register your OM Digital Solutions
products so that you may receive complimentary offers, helpful information and
specific news related to the products used by you;
My settings: update your personal account
subscribe and unsubscribe to the OM Digital
initiate the deletion of your account.
My profile: enter your biography, links to your
web and social media presences, your uploaded image gallery. At the same time,
this page is your MyOlympus internet presence
My Premium services: you will find a list of
premium services and benefits that are currently available to you and how to
Suspension of user accounts
We may suspend your
user account temporarily or permanently if we have reason to assume that you are
in violation of this Agreement or in breach of 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 e-mail 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
Data protection and security
For information on our use of your personal data please see our privacy notice.
Limitation of liability
Solutions 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 wilful intent or gross negligence on the part of OM Digital Solutions.
Solutions liability for damages and losses resulting from the use of paid
services shall be limited as follows:
OM Digital Solutions' shall be liable without
limitation for damages caused intentional or grossly negligent conduct of OM
Digital Solutions, its legal representatives, managing directors or vicarious
In the event of slight negligence, OM Digital
Solutions 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 OM Digital Solutions.
Nothing in this
clause shall limit or restrict the liability of OM Digital Solutions for
damages to physical and mental health, for fraudulent misrepresentation, for
breaches of a contractual guarantee and for claims based on strict product
Except as expressly provided otherwise in this
Agreement, all notices have to be in writing (e-mail suffices). The e-mail
address of OM Digital Solutions is firstname.lastname@example.org. If you wish to contact us by postal mail, please use the address provided
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.
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 is subject to the laws of the
Federal Republic of Germany under exclusion of the United Nations Convention on
Contracts 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.
The European Commission provides for an
out-of-court settlement procedure: the Online Dispute Resolution. The
competent bodies are listed on the
according to Section 36 of the German Consumer Dispute Resolution Act (VBSG):
We are neither willing nor obligated to participate in a dispute settlement
before a consumer arbitration body.
Last modified: [01.01.2021]