Olapic, Inc. (“Olapic”) provides social content management services (the “Services”) to Kempinski Hotels S.A. (“Kempinski” or "We") in connection with Kempinski public relation, marketing, promotional, advertising and other promotional activities (“Kempinski Services”). Olapic collects (on behalf of Kempinski) content from social media sites (such as Facebook, Twitter or Instagram) or other digital properties operated by Kempinski ("Kempinski Properties") including but not limited to photos, text, audio, video, comments users have uploaded (or have permitted others to upload) with a hashtag created by Kempinski or a geo-location tag relating to Kempinski Properties ("User Content").
Kempinski uses Olapic, a third-party service provider, to collect User Content that We will publish in connection with the Kempinski Services.
Registration procedure and content uploading
Registration is exclusively reserved for users who have reached eighteen (18) years old; registration by minors constitute a violation of the TOU. By uploading User Content you confirm and warrant that you are at least 18 years of age.
You agree to provide accurate and current information about yourself in all registration forms.
During the registration procedure, you may be required to create a personal account ("Account") by providing your nickname and email address. All data collected by Kempinski during your registration procedure and creation of your Account (except for the nickname) will not be visible to other users.
Kempinski may also select your Content if you post it on social networks and include hashtags related to Kempinski. In such event, Kempinski shall send you a message requesting permission to use such User Contents.
You can exercise your right of access, rectification or cancellation of your Personal Data by sending a letter to the following address
Kempinski Hotels S.A
28, Boulevard du Pont d’Arve – 1205 Geneva, Switzerland.
Olapic shall, as a data processor, process your Personal Data on behalf of Kempinski (data controller).Your User Content will be transferred and processed in the US. By uploading your User Content on social media sites or /and on Kempinski Properties you consent to such transfer and processing. To ensure an appropriate level of security in the processing of the transfer of Personal Data from the European Economic Area (EEA) and Switzerland to foreign countries, such as the US, We have entered into data processing agreement, in the so called “Standard Contractual Clauses” (SCCs), with Olapic. The SCCs have been approved by the European Union for international transfer of Personal Data to processors established in third countries under applicable data protection laws.
*Personal Data: Shall have the meaning provided by the European Data Protection Directive (EU 95/46/EC)
User Content shall not be regarded as confidential as, by uploading and/or posting User content (either by you, or someone acting on your behalf) on Kempinski sites or websites, social media sites, blogs or other media connected with Kempinski sites, you hereby grant to Olapic, Kempinski and its related companies (including all subsidiaries and affiliates), all hotels operated under the Kempinski brand, and their respective retail partners and any other third parties engaged by any of the foregoing, including but not limited to marketing or public relations agencies and the employees, officer and directors of all the foregoing (collectively “Licenced Parties”) the worldwide, perpetual, revocable, free, transferable license to use, on a non-exclusive basis, your User Content in any manner to be determined in the Licenced Parties sole discretion, including but not limited to on webpages and social media pages operated by Licenced Parties’, in promotional e-mail and advertisements and in any and all other marketing, promotional and advertising initiative, and in any media now or hereafter known. By uploading your User Content on social media sites or / and on Kempinski Properties you acknowledge to be informed and to understand that Licenced Parties intend to reproduce and use for any of their commercial or non-commercial purposes (including but not limited to advertising purposes) your User Content which may contain, inter alia, your name, username, photograph, or likeness. You give your consent to the production and to the use of such User Content (in its original format or edited or altered in any way which the Licensed Parties deem appropriate) for advertising purposes without any restrictions in time, territory or media.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties.
Protection of Third Party Rights
Kempinski respects third party rights and expects you to do the same, you shall not post content that infringes third party rights, including intellectual property rights. You represent and warrant to have all necessary rights to grant Licensed Parties the license to use your User Content, including any necessary right from third parties.
In particular, you shall not publish Personal Data, nor collect or request Personal Data from other users nor send emails or other unsolicited communications. You shall not collect, use or post Personal Data of other people without their consent or for unlawful purposes.
Limitation of liability
Kempinski and Olapic reserve the right to modify, remove or refuse to post User Content that violates the TOU.
In no event will the Licensed Parties, or any person or entity involved in creating, producing or distributing the Olapic site or Services, be liable for any damages, including but not limited to direct, indirect, incidental or punitive damages arising out of your use of or inability to use the Olapic site, the Services and/or the Kempinski sites. You assume all risks for any damages, claims, or injuries and hereby acknowledge that this limitation of liability shall apply to all content displayed on the Olapic site, and/or the Kempinki sites and/or in connection with the Services. In addition, The Licensed Parties shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or defects occurring, or authenticity of, information provided, in connection with the Olapic site, the Services and/or the Kempinski sites; or for any delay or interruption in the transmission thereof to you; or for any claim or losses arising therefrom or occasioned thereby. None of the Licensed Parties shall be liable for any third party claims or losses of any nature including, but not limited to lost profits, punitive or consequential damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Olapic site, the Services and the Kempinski sites are provided “as is” without representations or warranties of any kind, either express or implied. In particular the Licenced Parties make no representation or warranty to you that your use of the Olapic site, the Services and/or the Kempinski sites will be uninterrupted, timely, or free from error.
You agree to defend, indemnify and hold harmless each of the Licensed Parties from and against all claims and expenses (including attorneys’ fees) arising out the use of the Olapic site, the Services and/or the Kempinski sites, by you or any other person using an account of yours, and/or your posting or use of your User Content and/or your breach of any of your foregoing representations and warranties.
We respect the intellectual property of others, and We ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you shall report it to Kempinski at the following address:
Kempinski Hotels S.A
28, Boulevard du Pont d’Arve – 1205 Geneva, Switzerland
providing your Personal Data, describing the alleged infringement and indicating the material object of the complaint.
Intellectual Property Rights
The Olapic site and Kempinski contain proprietary information owned respectively by Kempinski (and/ or its affiliates) and by Olapic, including but not limited to text software, photos, videos, graphics and other materials, all of which is protected by copyright, trademark and other intellectual property laws. The Kempinski sites and the Kempinski Content are protected by copyright, trademark and other intellectual property law. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Olapic and the Licensed Parties by using or accessing the Olapic site or the Kempinski site.
You shall not use any of Kempinski’s logo, trademark, symbols, commercial names, text or other content protected by intellectual property laws, without Kempinski’s written consent.
Account deactivation and Content removal
You agree that Kempinski, in its sole discretion, may terminate your use of the Olapic site or the Kempinski sites or may cease use of your User Content. You agree that any termination of your access to the Olapic site or the Kempinski sites or cessation of use of your User Content by the Licensed Parties under any provision of these TOU may be effected without prior notice, and acknowledge and agree that Olapic or others acting with it or on its behalf may immediately remove all related information and files associated with your use of the Olapic site, the Kempinski site or User Content. All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOU are invalid, then that provision will be removed without affecting the rest of the TOU. The remaining provisions of these TOU will continue to be valid and enforceable.