Dear Leica Fotopark User,

Thank you for your interest in Leica Fotopark. The Fotopark is an online platform that enables registered members to upload their photos, to share them with other members or make them publicly available, to comment, favour (STAR SYMBOL) or like (HEART) them. Members can exchange information via this platform on all topics relating to photography.

The use of Leica Fotopark requires membership. On the following pages you will find the terms and conditions of use for your membership with Leica Fotopark. Please note that the information and contents (images, photos, comments and the like) which you upload and share on LEICA FOTOPARK will be available to other members or the public (i.e. unregistered visitors of Leica Fotopark), depending on your settings. You can best protect your privacy by not disclosing any personal or intimate information via Leica Fotopark.

Please note that we continue developing the services and functions offered on Leica Fotopark and can change, interrupt or discontinue them from time to time. As usual, we will in any case keep you informed accordingly. You may decide whether you wish to terminate the membership due to any changes. We hope you will enjoy our Leica Fotopark as much as we do.



Your Leica Camera AG

Terms and Conditions of Use of LEICA FOTOPARK

These terms and conditions of use (hereinafter referred to as "Terms of Use") regulate the terms and conditions on which the website "LEICA FOTOPARK" can be used under www.leica-fotopark.com, including the services accessible thereon (hereinafter referred to as "LEICA FOTOPARK").

LEICA FOTOPARK is operated by Leica Camera AG, Am Leitz-Park 5, 35578 Wetzlar (hereinafter referred to as "Leica").

 

§1 Use of LEICA FOTOPARK

The use of Leica Fotopark requires registration as a member.

 

§2 Registration

 (1) The registration at www.leica-fotopark.com requires the statement of a valid e-mail address, an (anonymized) user name and a password. Furthermore, registration is subject to agreement to the Terms of Use and the Data Protection Notice.

(2) Within the scope of the registration procedure, the requested data must be correctly stated, and kept up to date during the membership. In the event of incorrect or outdated data, Leica may terminate the membership without observing any notice period and irrevocably delete or block the profile.

(3) After completion and sending the registration form by clicking the "REGISTER button", you will receive a confirmation e-mail to the e-mail address stated in the registration process. The confirmation e-mail contains a link which you need to click or copy into the address line of your browser to complete the registration process.

(4) A registered customer is hereinafter referred to as "Member".

(5) Multiple registration is not permitted. In the case of multiple registration, all profiles will be irrevocably deleted or blocked. If you have forgotten your login data, please request a new password or contact service@leica-fotopark.com.

 

§3 Membership

(1) Membership is free of charge.

(2) Members of LEICA FOTOPARK can use up to 10 GB of cloud storage space for their own photos and images, free of charge. Leica reserves the right to reduce or increase the storage capacity, or to entirely discontinue providing cloud storage.

(3) Leica is free to change, interrupt and partially or entirely discontinue the services offered on LEICA FOTOPARK. In any case, the Member will be informed accordingly. If Leica exercises this right, the Member will be entitled to terminate the membership without observing any notice period and to delete the profile irrevocably.

 

§4 Management of Authentication Information

(1) The Member is obliged to store the authentication data for the membership in the form of the registered Member-ID (user name, e-mail address and password) in such manner that third parties cannot gain knowledge thereof. The membership must not be transferred to third parties.

(2) If any third party infringes any right or violates any law via the Member's profile, the Member will be responsible for any damage resulting therefrom to Leica, other Members or third parties, provided that

  • the third party obtained access to the profile due to the Member's failure to exercise customarily required due care in storing the authentication data or
  • the Member passed on the authentication information to the third party.

Such responsibility is excluded only if the Member has provably taken all measures within the scope of customarily required due care to protect the authentication data.

 

§5 Responsibility of a Member

(1) Each Member is personally responsible for all contents (photos, images, comments, and the like) published by him/her on LEICA FOTOPARK.

(2) No photos, images, comments, and the like with any illegal or immoral contents may be distributed via LEICA FOTOPARK. This includes information which aims at sedition, incitement to criminal offences, glorifying or playing down violence or information that is sexually offensive or pornographic, capable of morally endangering and compromising the welfare of children and youths, or which could compromise the reputation of Leica. In particular the regulations on the protection of children and young people must be complied with. Leica does not examine or check the published contents.

(3) If Leica is informed about any infringement of rights or violation of any law committed by a Member, Leica will follow the complaint procedure specified in § 9.

(4) In the case of any breach of the Terms of Use or other applicable law, the Member will be personally liable for any and all damage incurred by Leica or a third party as a result thereof.

(5) The Member is personally responsible for making suitable backup copies of the contents uploaded on LEICA FOTOPARK. Leica does not assume any liability for the loss of contents uploaded on LEICA FOTOPARK.

(6) In the event of uploading contents on LEICA FOTOPARK, the Member shall assign the content to a category to his/her best knowledge and belief.

Insofar as contents are concerned which according to customary moral principles may be considered offensive or indecent, the Member shall already upon uploading mark the relevant content as "possible inappropriate" by clicking the checkbox provided for this purpose. Any contents assigned to the category "Nude" are to be automatically provided with a corresponding notice.

In the case of non-compliance, Leica itself may categorise and/or mark, block or delete the corresponding contents; in the event or repeated violation, Leica will be entitled to end the membership without observing any notice period, and to block or delete the profile.

In his/her profile settings ("My Account"), the Member can determine whether he/she wishes to view contents marked as "possibly inappropriate".

 

§6 No Guarantee

(1) Leica takes all reasonable measures to ensure that LEICA FOTOPARK works as smoothly as possible.

(2) Members use LEICA FOTOPARK at their own risk. You as Member of LEICA FOTOPARK are solely responsible for the use of all contents uploaded via the services, and for the uploading as such.

(3) For lack of guarantee of trouble-free operation of LEICA FOTOPARK, the Member is personally responsible for making suitable back-up copies of the contents uploaded on LEICA FOTOPARK in order to be able to take recourse to the separate back-up copies in case of malfunctions or failure of LEICA FOTOPARK.

 

§7 Limitation of Liability

(1) Leica is liable for wilful conduct and gross negligence in accordance with the legal regulations. Leica is liable for slight negligence only in case of a breach of material contractual obligations, i.e. such obligations on the fulfilment of which the Member regularly relies and may rely, but limited to the amount of the typically occurring, foreseeable damage. In addition, Leica is liable in case of guarantees and claims under the Product Liability Act and in case of culpable injury to life, body or health. This liability also applies to legal representatives, employees or other vicarious agents of Leica.

(2) Leica does not assume liability for any damage incurred by the Member through lack of access or insufficient usability of LEICA FOTOPARK or the contents.

(3) Leica is not liable for damage caused by the fact that works or data are lost or can be restored only at unreasonable expense.

(4) Furthermore, Leica is not liable for the contents published by other Members of LEICA FOTOPARK.

(5) LEICA FOTOPARK contains various links to external websites of third parties. Leica does not have any control over the design and contents of the linked websites, and does not by mere linking assume any liability for the topicality, correctness, completeness or quality of the contents provided there, and hereby expressly distances itself from all contents of the linked websites.

 

§8 Indemnity against Liability

The Member holds Leica free and harmless from any claims which other Members or other third parties might assert against Leica due to the publication of the Member's contents or the Member's use of LEICA FOTOPARK. In this context, the Member also assumes the costs of Leica for necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This indemnification clause shall not apply insofar as the Member is not responsible for the infringements occurred. Moreover, in case of an assertion of claims for infringement the Member will be obliged towards Leica to provide the necessary information in connection with the legal defence without undue delay, truthfully, and completely.

 

§9 Complaint Procedure

(1) Within the scope of LEICA FOTOPARK, Leica exclusively provides the website and the integrated services. Leica does not check or control the contents published by the Members.

(2) If any claims for infringement are asserted against Leica, and if the notice clearly and verifiably identifies the infringement, then Leica shall take the measures required from its point of view and at its discretion to remedy the infringement complained about.

Principally, when an infringement is notified, the following procedure applies (complaint procedure):

  • Investigation, whether the complaint procedure requirements have been met. This requires that the complaint clearly and unequivocally describes and proves the asserted infringement in a verifiable manner.
  • If this requirement has been met, the Member whose conduct is complained about as being unlawful, backed up by sufficient explanations and supporting documents, will be informed by delivery of the complaint and requested to comment thereon within a reasonable period of time.
  • If the requested Member does not provide any comments within the aforementioned period of time, or if the comments are insufficient or confirm an infringement, then Leica will - as far as not already done - take the measures (blocking and deleting individual contents and the entire profile) suitable and necessary to remedy the infringement.
  • If the Member whose behaviour/contents is/are complained about provides sufficient comments within the stipulated period of time by which the infringement is denied, Leica shall forward them to the third party who submitted the compliant, requesting it to respond thereto within a reasonable period of time.
  • After expiry of the period, Leica will based on the notified complaint and the submitted comments perform a final evaluation as to whether an infringement is clearly provable.
  • If that is the case, Leica will take the measures available to it (blocking and deleting individual contents and the entire profile) which are suitable and necessary to remedy the infringement, and will inform all parties involved accordingly. For the case that the alleged infringement remains in dispute, Leica shall inform the persons involved also in this respect. Leica is entitled to block or delete any contents complained about also in case of doubt - disputed or not clearly proved infringement - to protect the rights of third parties.

Leica reserves the right to terminate the membership of the responsible Member by extraordinary notice without undue delay, as an exception, depending on the seriousness and intensity of the infringement.

(3) Irrespective of the complaint procedure, Leica will take the suitable measures to remedy an infringement if Leica is requested to do so by a court or a governmental institution.

 

§10 Intellectual Property

(1) Upon uploading contents to LEICA FOTOPARK the Member confirms being the owner of the corresponding rights of use.

(2) Upon uploading contents, the Member may choose among three release options:

1. Private (pre-set) - the content is visible only to the Member himself/herself.

2. Visible on LEICA FOTOPARK - the content is visible to all Members logged in on LEICA FOTOPARK; other Members can give Likes, Faves and comments.

3. Visible on LEICA FOTOPARK without restriction - the content is visible to all Members logged in on LEICA FOTOPARK; other Members can provide Likes, Faves and comments. Images/photos with this release option can be made publicly accessible for purposes of product and corporate advertising as well as the advertising of events on online portals and websites of Leica Camera AG and affiliated enterprises*.

The Member can at any time adjust the release for the relevant photo under the menu item "photo information" or  "organise photos". This directly influences the visibility of the images and photos.

(3) Upon uploading images/photos, the Member grants Leica a simple right of use, unlimited in time and territory, free of charge and revocable at any time, to duplicate the contents and make them publicly available within the scope of LEICA FOTOPARK.

Additionally, with the release option "public" the Member does with respect to images and photos grant Leica and affiliated enterprises* a simple right of use, unlimited in time and territory, free of charge and revocable at any time, to duplicate the contents and make them publicly available for the purpose of product and corporate advertising as well as for advertising events on online portals and websites of Leica Camera AG and affiliated enterprises*.

(4) Even upon uploading contents to LEICA FOTOPARK the Member remains the owner of all rights to the content.

 

* Leica Camera Ltd. (UK), Leica Camera SARL (France), Leica Camera AG (Switzerland), Leica Camera Inc. (USA), The Leica Store Washington DC, LLC (USA), Leica Store LA, LLC (USA), Leica Camera Japan Co., Ltd. (Japan), Leica Camera Asia Pacific Pte. Ltd. (Singapore), Leica Camera Singapore (Retail) Pte Ltd. (Singapore), Leica Camera Korea Ltd. (South Korea), Leica Aparelhos Ópticos de Precisão SA (Portugal), Leica Camera Italia s.r.l. (Italy), Leica Camera Australia Pty Ltd. (Australia), Sinar Photography AG (Switzerland), Leica Camera Frankfurt GmbH (Germany), Peter Coeln GmbH (Austria), CK Kamera- und Fotohandels GmbH (Austria), Leica Camera Greater China GmbH (Germany, Hong Kong), Leica Camera Store Bellevue, LLC (USA), Leica Camera Hong Kong Limited (Hong Kong), Leica Camera (Shanghai) Trading Co. Ltd., LC Store Las Vegas, LLC (USA), LC Store Boston, LLC (USA), Leica Camera India Private Limited (IND).

 

§11 Notification of Members and Contact

Notifications to the Members of LEICA FOTOPARK are principally sent to the e-mail address stated by them and stored in their profile. Enquiries to Leica may be addressed to service@leica-fotopark.com.

 

§12 Termination of the Membership

(1) The Member may terminate the membership at any time. After valid termination, the Member will lose the right to use the website and the services integrated there. Upon receipt of the termination notice by Leica, Leica will keep the contents uploaded by the Member available for further two days for downloading by the Member. The uploaded contents are irrevocably deleted by Leica after expiry of these two days.

(2) Furthermore, the Member can delete his/her account under his/her profile when logged in on LEICA FOTOPARK. Upon confirmation of the deletion of the profile, the profile and all uploaded contents will be directly blocked and irrevocably deleted upon expiry of two days.

(3) Leica is entitled to terminate the membership for good cause without observing any notice period, by sending an email to the e-mail address stated by the Member in its profile. Good cause is in particular given:

  • when the Member continuously or repeatedly violates the Terms of Use despite prior warning with reasonable setting of a period;
  • in case of incorrect statements in the mandatory data stored in the Member's profile and entered in the registration process;
  • when the Member's registered e-mail address is invalid;
  • upon death of the Member;
  • when Leica considers the Member not suitable for using the website;
  • when the Member has not logged in on LEICA FOTOPARK over a period of one year.

(4) Upon termination, the Member will lose the right to use LEICA FOTOPARK and the services integrated there. Upon sending the termination notice to the e-mail address stated in the profile, Leica will keep the contents uploaded by the Member available for further two days for downloading by the Member. The uploaded contents are irrevocably deleted by Leica after expiry of these two days. Any incorrect statements and/or the invalidity of the e-mail address stated in the Member's profile are at the responsibility of the Member.

 

§13 Change of the Terms of Use

(1) Leica is entitled to change the Terms of Use at any time with effect for the future. Leica will expressly and in good time notify the Member of the respective change. If a Member does not object to the change in writing, by e-mail or post, without undue delay after receipt of the change notice, the changes of the Terms of Use are deemed accepted by the Member, provided that Leica has expressly informed the Member of this consequence of his/her conduct in the change notice.

(2) If a Member objects to a change of the Terms of Use, the previous Terms of Use already accepted by the Member continue to apply. In that case, Leica will be entitled to terminate the previous contract with the Member without notice, and to block or delete the profile.

 

§14 Severability Clause

Should any provision of these Terms of Use be invalid, the validity of the remaining provisions shall remain unaffected thereby. The parties shall in such case replace the invalid provision by a valid provision which is closest to the economic purpose of the invalid provision.

 

§15 Applicable Law and Jurisdiction

For all disputes arising from or in connection with these Terms of Use, the laws of the Federal Republic of Germany shall apply, and the Federal Republic of Germany shall be the place of jurisdiction, except if for mandatory consumer protection regulations the law and place of jurisdiction must be applied which are applicable to the residence of the consumer outside the Federal Republic of Germany.

Wetzlar (Germany), July 2016 
Leica Camera AG

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