Terms of Use WELEDA User-Generated Content Gallery
WELEDA INC, 1 Bridge Street Irvington, NY 10533 (“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
- Arbitration Agreement
- 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 WELEDA regarding the Gallery.
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 agree 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 viewed at tos.olapic.com/weleda. Any user who does not accept these Terms of Use must refrain from using the Gallery.
1.4. WELEDA has contracted with the third-party service provider Olapic to collect, curate and moderate the usergenerated Content in the Gallery. Therefore, users should review Olapic's Terms of Use on Olapic's website at olapic.com/tos prior to accesssing and/or 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 Olapic’s activities. 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: 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 years of age or older. Registration by minors is a violation of these Terms of Use. By using the Gallery, users represent and warrant 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 access to and/or use of 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 represent and warrant 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 in accordance with 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. Users are responsible for all Content which they upload to the Gallery or which they grant WELEDA permission to publish. WELEDA has no responsibility for any such Content.
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 Olapic 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. 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 or accounts, 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 represent and warrant 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 hereunder do not violate any applicable laws and do not violate any commercial rights, intellectual property rights, copyrights or any other third-party rights.
4.6. Users shall not use the Gallery for illegal, fraudulent, discriminatory or reprehensible purposes. In particular,
users shall:
– not upload illicit trade information (e.g., spam) to the Gallery;
– not upload derogatory, harassing or intimidating Content;
– not 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 upload any viruses or other malware;
– not attempt to obtain the log-in data of third parties or to access other users' accounts;
– not engage in any actions that could prevent, overwhelm or jeopardize the proper functionality of the Gallery;
– not facilitate or promote any violations of these Terms of Use or other applicable laws or 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 whole or in part at its own discretion and shall have no obligation of any kind with respect to the user. In particular, WELEDA shall not be obligated to publish any Content. Instead, WELEDA can decide at its own discretion whether to post any Content in the Gallery or not.
5.4. 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 for 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, applicable laws or regulations, 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 at olapic.com/tos . 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 to users and third parties.
WELEDA and you agree to arbitrate all disputes and claims between us before a single arbitrator. For purposes of this Arbitration Agreement, references to WELEDA includes WELEDA’s respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under Terms and Conditions or any prior agreement between us. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow the Terms and Conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to WELEDA should be addressed: Notice of Dispute, WELEDA, 1 Bridge St Suite 42, Irvington, NY 10533. The Notice should describe the claim or dispute and set forth specific relief sought. If you and WELEDA do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or WELEDA may commence an arbitration proceeding.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. You may download or copy a form to initiate arbitration from the AAA website https://adr.org/ under the "Forms" tab. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, WELEDA will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving WELEDA. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction. The Arbitration Agreement shall be governed by the Federal Arbitration Act.
These Terms of Use, any data privacy issue, the use of the Gallery, and any disputes between users and WELEDA, shall be governed by New York law. For users participating in the initiative as consumers whose normal place of residence is outside of the United States, all applicable mandatory legal requirements of their country of residence shall be unaffected by the governing law specified in the previous sentence.