Terms of Use WELEDA User-Generated Content Gallery
WELEDA AG, Dychweg 14, 4144 Arlesheim, Switzerland (“WELEDA”) and its affiliated companies provide a special area (the “Gallery”) on their websites on which images and/or videos (hereinafter collectively referred to as “Submissions” or “Content”) can be published and optionally captioned. This Content can either be uploaded by the users themselves or WELEDA may request the users' permission to publish their Content.
- Scope of these Terms of Use
- Posting Content (Procedures)
- Data Privacy
- Content
- Liability Exclusions or Limitations
- Indemnification
- Complaints
- Removing Content
- Applicable Law and Legal Venue
1.1. These Terms of Use regulate the access to and use of the Gallery as well as the users' interactions with the Gallery between WELEDA and the users.
1.2. By accessing and using the Gallery on any computer, mobile phone, tablet, console or any other device, the users agree that they have read, understood and agree to these Terms of Use and they further undertake to comply with them. These Terms of Use can be reviewed, downloaded and printed at tos.olapic.com/weleda.
1.3. WELEDA has the right to change these Terms of Use and the features of the Gallery at any time without notice. The current version of these Terms of Use can be reviewed at tos.olapic.com/weleda. WELEDA shall request any user who does not accept these Terms of Use to refrain from using the Gallery.
1.4. WELEDA works with the third-party service provider Olapic to collect, curate and moderate the usergenerated Content in the Gallery. Therefore, we request that users review Olapic's Terms of Use on Olapic's website at www.olapic.com/tos prior to interacting with the Gallery. Olapic's business practices and privacy policy are not under the control of WELEDA and WELEDA is not responsible for their accuracy or appropriateness, nor does WELEDA make any claim to this effect. WELEDA accepts no liability of any kind for the activities directly rendered by Olapic. The user's relationship with Olapic is entirely autonomous and is independent of the present Terms of Use.
Content for the Gallery can be published as follows (procedures): Content can either be uploaded by the users themselves (see Sections 2.1 through 2.3) or WELEDA may request the users' permission to publish their Content (see Sec. 2.4).
In either case, use of the Gallery is reserved only for persons who are 18 (eighteen) years of age. Registration by minors is a violation of these Terms of Use. By using the Gallery, users affirm and guarantee that they are at least 18 years old, that they are using the Gallery for strictly personal purposes, and that they are not engaging in the exercise of any commercial or freelance professional activities. WELEDA retains the right to review any user's entitlement to use the Gallery. Specifically, WELEDA may ask users to confirm their identity by submitting valid identification documentation.
Uploading of Content by Users:
2.1. While uploading Content, users are prompted to enter their nickname and their email address unless they are accessing the Gallery via Facebook, Instagram or YouTube. Any data collected by WELEDA while uploading Content (with the exception of the nickname) will not be displayed to other users of the Gallery in any way.
2.2. In order to upload Content to the Gallery from Facebook, Instagram or YouTube, users must sign in to their respective social media accounts.
2.3. Users affirm and guarantee that they are providing accurate and current information about themselves while uploading Content.
Content posted by WELEDA:
2.4. WELEDA may also select Content when users post on social networks and/or include WELEDA-related hashtags (such as #WELEDA) with their Content. In these cases, WELEDA will send a message to these users in order to request the users' permission to publish this Content in the Gallery.
3.1. The users' name and other personally identifiable data from their Submissions will be stored by WELEDA and its affiliated companies and may be used according to the regulations specified in the applicable data privacy statement (see Data Privacy Statement). Users may exercise their right to review, correct, delete and object to their own data by sending an email to the following address: olapic@weleda.ch
3.2. Olapic is an independent entity that is responsible for data processing. The data collected by the third-party service provider Olapic is processed according to Olapic's data privacy policy, which users can read on the following website: olapic.com/privacy-policy.
4.1. Only the users are responsible for all Content which they upload to the Gallery or which they grant WELEDA permission to publish.
4.2. By uploading/giving WELEDA permission to publish Content, users specifically grant all visitors who access the Gallery the opportunity to view this Content and to associate it with their nickname.
4.3. If users wish to remove any Content they have contributed to the Gallery (either by uploading or by giving WELEDA permission to publish that Content), they may: (i) remove the Content from their social media profile, (ii) change the data privacy setting on their social media profile from “Public" to “Private", (iii) click the “Report” button on the Content they wish to remove and follow the instructions, or (iv) contact WELEDA at olapic@weleda.ch. Content is usually removed within a reasonable period of time after the request to remove it has been received.
4.4. The user-generated Content is not regarded as confidential or subject to copyright. By uploading any Content to the Gallery/giving WELEDA permission to publish that Content, users confer to WELEDA and its affiliated companies the worldwide, non-exclusive right of use to that Content, unlimited with respect to duration, at no cost and irrevocably, for the purpose of publication under the framework of WELEDA's and/or its associated companies' user-generated content Gallery, WELEDA's and/or its associated companies' websites, WELEDA's and/or its associated companies' Facebook and Instagram advertisements, and WELEDA's and/or its associated companies' advertisements on digital display boards. In addition, WELEDA has the right to edit the Content as well as forward the Content to third parties. As part of this initiative, the user's name and user name can be published together with the Submissions by WELEDA and its associated companies.
4.5. Users claim and guarantee that they own all of the rights required for the transfer of rights pursuant to Sec. 4.4, and that all materials included in the Submissions and the use of these materials by WELEDA and its affiliated companies as regulated hereunder do not violate any applicable laws and do not violate any commercial protective rights, copyrights or any other third-party rights.
4.6. Users shall undertake not to use the Gallery for illegal, fraudulent, discriminatory or reprehensible purposes.
In particular, users shall undertake:
– not to upload illicit trade information (e.g., spam) to the Gallery;
– not to upload derogatory, harassing or intimidating Content;
– not to upload any Content of a threatening, pornographic or violent character, nor any Content representing
hate speech or incitement to violence or nudity or violence;
– not to upload any viruses or other malware;
– not to attempt to obtain the log-in data of third parties or to access other users' accounts;
– not to engage in any actions that could prevent, overwhelm or jeopardize the proper functionality of the Gallery;
– not to facilitate or promote any violations of these Terms of Use or other applicable regulations.
5.1. WELEDA may screen the Content posted by users at its own discretion. Notwithstanding the above, WELEDA cannot guarantee that no inaccurate, misleading, insulting, threatening, slanderous, unlawful or otherwise inappropriate Content will be published in the Gallery. To the extent permissible under the applicable law, WELEDA accepts no responsibility or liability of any kind for the Content and/or the actions taken by users in the Gallery. WELEDA shall not be responsible for user-generated Content or other Content posted by third parties in the Gallery, nor for insulting, unlawful or inappropriate Content found by users on or via its Gallery.
5.2. WELEDA reserves the right to change, remove or reject any Content that violates these Terms of Use and/or to suspend any user's account for any reason in the event of repeated violations.
5.3. WELEDA reserves the right to accept or reject any Content in part or in whole at its own discretion and shall accept no obligation of any kind towards the user. In particular, WELEDA shall not be obligated to publish any Content. Instead, it can decide at its own discretion whether to post any Content in the Gallery or not.
5.4. Except when culpably caused, WELEDA shall not be responsible for damages from participating in this initiative, for technical problems, for incorrectly or non-functioning network connections, or for any other obstacles that result in a user being prevented from participating. WELEDA shall not be responsible for incomplete, unlawful, illegible or otherwise unusable Submissions. The liability restrictions set forth above shall not apply to damages caused by personal injury, death, and/or impaired health of the users.
Users shall undertake to indemnify and hold WELEDA harmless from any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, attorney's fees) that arise from any Content posted by users, from their use of the Gallery, and from any other activities that violate these Terms of Use or laws or third-party rights.
If a user believes that any Content has not been published appropriately and/or violates their commercial or intellectual property rights, they can notify WELEDA by clicking the "Report" button on the Content that is presumably in violation and then following the instructions, or by following the procedure set forth in Olapic's Terms of Use under . In following this procedure, users will disclose their personal data, describe the presumed violation and state the main ground of the complaint.
WELEDA reserves the right to remove any Content and to limit the use of the Gallery at its own discretion without prior notification and without any resulting liability towards users and third parties.
These Terms of Use, any issue in connection with data privacy, the use of the Gallery, and any disputes between users and WELEDA shall be governed by Swiss law and shall be subject to the exclusive jurisdiction of the Swiss courts. For users participating in the initiative as consumers whose normal place of residence is outside of Switzerland, all applicable mandatory legal requirements of their country of residence shall be unaffected by the governing law specified in the previous sentence.