1. Acceptance of Terms
These Terms and Conditions specify the conditions for Olympus Australia Pty Ltd. (hereinafter referred to as the "Company") to provide the Olympusphere online photo community service (hereinafter referred to as the "Service") for Olympus registered members (hereinafter referred to as the "Members"). By registering and using the Service, the Members are deemed to have read, understood, accepted and be bound by all the terms and conditions herein.
- The Member is a person who has consented to this Terms and Conditions, presented an application to Olympus Australia Pty Ltd. (hereinafter referred to as "Olympus") for registration on the Site in accordance with the procedures specified, and been notified by Olympus that his/her application has been approved and the membership of the Site has been granted to him/her.
- If an applicant corresponds to any of the following matters, Olympus reserves the right to deny the application for registration on the Site.
(a) If the application contains false information, errors, or is incomplete.
(b) If the application does not comply with any of the Terms and Conditions.
3. Personal Data
- The Member understands and acknowledges that Olympus may collect the personal information of the Member (hereinafter referred to as "Personal Data"), when the Member is accessing, viewing or using the Site. By applying a registration to the Site, the Member has provided consent to Olympus to collect, retain, use or disclose his/her Personal Data for reasonable purpose specified in Section 3.2.
- All Personal Data which Olympus acquires from the Member shall only be used to effectively manage the operation of the Site, to provide professional services to the Member and to enhance the user experience of the Member, including, without limitation, the following reasonable purposes:
(a) Provision of various services for Olympus;
(b) Notification when matters arise about which the Member should be notified;
(c) Distribution of information about Olympus new products and promotions. However, distribution will be limited to the Member from whom Olympus has obtained such consent; and
(d) For market research purposes.
- Olympus may collect the following information of the Member:
(a) Name and job title;
(b) Contact information including email address;
(c) Demographic information such as postcode, preferences and interests; and
(d) Other information relevant to customer surveys and/or offers.
Olympus ensures and warrants that the Olympus will not collect any Personal Data beyond what is necessary to provide service.
- Olympus ensures and warrants that Personal Data of the Member will not be rent, sold, shared, transferred or made available with any third party without the prior consent of the Member. Olympus ensures that Olympus will protect Personal Data of the Member in our possession or under our control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risk.
- Section 3.4 will not apply to the disclosure to public prosecutor, any police officer and other law enforcement authorities or law enforcement agency, or pursuant to a subpoena, warrant or court order.
- Upon the request from the Member, Olympus shall provide the Member with his/her Person Data in the possession or under the control of Olympus and the ways in which the Person Data may have been used or disclosed during the past year.
- Upon the request from the Member, Olympus shall take steps to correct an error or omission in the Personal Data of the Member under the control of Olympus and send the corrected data to other organizations (if any) to which the Personal Data was disclosed during the year prior to the date of correction.
- The Member reserves the right to withdraw the consent to allow Olympus collect, retain, use or disclose his/her Personal Data by sending a request to Olympus pertaining to deleting his/her membership of the Site in accordance with the procedures specified in Article 5. In case that Olympus received a request of deleting membership of a Member, Olympus shall erase or destroy all Person Data of the Member.
- Article 9 set out how Olympus uses and protects any Personal Data that the Member provide to Olympus when using the Site. Olympus is committed to ensuring that the Member's Personal Data will be well protected. Should Olympus ask the Member to provide certain Personal Data by which the Member can be identified when using the Site, the Member can be assured that it will only be used in accordance with Article 9 of this Terms and Conditions.
4. Member Conduct
- Content posted or otherwise submitted to the Site is the sole responsibility of the Member from whom such Content is posted and submitted. Content includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software (hereinafter referred to as "Content").
- The Member acknowledges and agrees that he/she shall be entirely responsible for all Content that he/she post or otherwise submit to the Site. Olympus does not control the Content posted and submitted by Member, as such, does not guarantee the accuracy, integrity or quality of such Content. The Member understands that by using the Site he/she may be exposed to Content that is offensive, indecent or objectionable.
- As a condition of use, the Member promises not to use the service provided through the Site (hereinafter referred to as "Service") for any purpose that is unlawful or prohibited by Terms and Conditions, or any other purpose not reasonably intended by Olympus. By way of example, and not as a limitation, the Member agrees not to use the Services:
(a) to abuse, harass, threaten, impersonate or intimidate any person;
(b) to post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
(c) for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where he/she use the Services;
(d) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site;
(e) to create or transmit unwanted 'spam' to any person or any URL;
(f) to create multiple accounts for the purpose of increasing likes for or against users' photographs or images;
(g) to post copyrighted Content which does not belong to him/her,
(h) to artificially inﬂate or alter like counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for likes, or for participating in any other organized effort that in any way artificially alters the results of Services;
(i) to advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(j) to promote or sell Content of another person; and
(k) to sell or otherwise transfer his/her profile.
- The Member shall be solely responsible for his/her interactions with other users of the Site. Olympus reserves the right, but has no obligation, to monitor disputes between or among users.
- To report a suspected abuse of the Site or a breach of this Terms and Conditions please send written notice using the Online Contact Form at the following link.
- While Olympus is not liable to monitor the Content of postings in the chat rooms, forums, photo galleries and other public areas on the Site, Olympus reserves the right, but assumes no obligation, to delete, remove, or edit any postings that come to our attention that Olympus considers unacceptable or inappropriate, of for any other reasons, which Olympus need not disclose, and which need not be reasonable. Olympus will comply with the requirements of the law regarding disclosure of information transmitted via our site to others, including law enforcement agencies.
- Olympus retains the right to deny access to the Site for anyone who Olympus believes has violated this Terms and Conditions, or to anyone else for any reasons, which Olympus need not disclose, or for no reason.
5. Deletion of Membership
- When the Member intends to delete his/her membership on the Site, the Member shall present a formal application to delete his/her membership of the Site to Olympus by sending written notice using the Online Contact Form at the following link.
- Olympus reserves the right to modify, suspend or terminate the Member's membership of the Site for any reason without notice at any time and without liability to the Member.
- If the membership of the Site is deleted regardless of the Member's request or Olympus' decision, such Member's photos, pictures, comments, and any other information will no longer be accessible on the Site. Olympus shall erase all Personal Data of this Member provided by the Member and all copies of any part of the Personal Data within the system and magnetic data.
6. Password Management
- The Member is solely responsible for password management after registration.
- The Member shall not loan, cede, transfer title to, sell, pledge or otherwise allow a third party to use the entrant's password.
- The Member shall bear full responsibility for any damage resulting from inadequate password management, negligent use, third-party use or other such failures due to the wrongful act, default or negligence of the Member, and Olympus will incur no liability whatsoever.
- When the Member has become aware that his or her password has been stolen or appropriated by a third party, the Member shall immediately notify Olympus, and will comply with any instructions issued by Olympus accordingly.
7. Ownership of Rights
- All programs, software, services, processes, trademarks, trade names and all ancillary technology constituting the Site belong to Olympus or the various companies or organizations that have given Olympus Corporation permission to use such.
- Olympus does not claim ownership of any Content that the Member post on the Site. Instead, by posting Content on the Site, the Member hereby grant to Olympus a non-exclusive, transferable, and worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content that the Member post on the Site and social media site in relation to Olympus free of charge. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- The license granted to Olympus includes the right to use Member's Content fully or partially for promotional reasons and to distribute and redistribute the Member's Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to the Member in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Olympus by the Member;
- Subject to the terms of the foregoing license, the Member retain full ownership or other rights in his or her Content and any intellectual property rights or other proprietary rights associated with his or her Content. The Member represents and warrants that:
(a) The Member is the owner of all rights, including all copy rights in and to all Content submitted on the Site;
(b) The Member has the full and complete right to agree and accept this Terms and Conditions and to grant to Olympus the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Olympus of the Content as contemplated herein; and
(c) The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- The Member shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Olympus, all of which such rights are hereby expressly and irrevocably waived by the Member in favour of Olympus.
8. Olympus Points
- The Members may not assign any of their rights or obligations under these Terms and Conditions to a third party or pledge such as collateral.
- The Company may change these Terms and Conditions, the content of the Service or the conditions of the provision of the Service, and may terminate or suspend the Service without giving prior notice to Members.
- The Company will not be liable if it is unable to perform its obligations due directly or indirectly to the failure of any machine or communication system, stoppages or data loss caused by problems with communication lines or computers, industrial dispute, war, Act of God, or anything outside the Company's control or the control of the Company's merchants, agents, partners or service providers, including without limitation, the loss of all data and records to the Member's account.
- The Company shall not be in any way liable even if a Member is placed at a disadvantage or incurs damages due to the changes under the preceding paragraph.
9. Discontinuation or Interruption of Service
- Olympus may modify, suspend, discontinue or interrupt any Service at its sole discretion without liability if any of the following conditions are met.
(a) If regular or emergency system maintenance is performed.
(b) If the Service can no longer be provided as usual due to war, insurrection, civil commotion, labour dispute, earthquake, volcanic activity, flooding, tsunami, fire, power outage or other state of emergency.
(c) Other cases where Olympus deems that it is necessary to modify, suspend, discontinue or interrupt the Service.
- When Olympus modify, suspend, discontinues or interrupts any Service pursuant to Article 8.1, Olympus will notify the Member in advance. However, this will not apply in cases of emergency or other unavoidable circumstances.
- Olympus assumes no liability whatsoever regardless of the reason for any damage suffered by the Member or third party due to the Service being modified, suspended, discontinued or interrupted.
10. Competent Court
The terms and conditions on this page shall be governed by and construed in accordance with Australian law. Any disputes between the Member and Olympus that are not resolved through discussion shall be adjudicated exclusively by the Australian District Court.