Content Upload Terms and Conditions
1. Subject Matter and Conclusion of Contract
1.1. Subject Matter
Victorinox AG, Schmiedgasse 57, CH-6438 Ibach-Schwyz (“Victorinox”) will publish and upload your photo, text, graphic, audio, video, location information and comment (“User Content” or “User Generated Content”) to the Victorinox website and other digital properties operated by Victorinox and/or use your User Content in printed material and other printed matter for the use by Victorinox in marketing, promotional, advertising and other customer engagement.
For this matter, Victorinox is using the services of Olapic Inc. (250 Vesey Street, 4th floor, New York, NY 10281, USA). We disclose Personal Information to Olapic Inc. and the Olapic affiliates Olapic Ltd. (UK) and Olapic Argentina S.A. and Monotype Imaging Inc. (collectively, “Olapic”) which process the following personal data from social media users and users of our web site to gather and make available images from social media platforms:
- Social media users: Email-Address, image, IP address, location, social media username and timestamp
- Users accessing the web site: IP address, timestamp and – in case of a purchase – purchased product ID, transaction ID, transaction price, date of purchase, unique ID that we have assigned to a user), email-address and username (if provided by a user to us)
1.2. Conclusion of the Contract
After you have published a photo, text, graphic, audio, video, location information or comment using the hashtag #MyVictorinox and mentioning @Victorinox on your social media profile, Victorinox may comment on your content stating the following: “Great pic! We’d like your permission to use it on our website and in marketing, and get your consent to use and store the personal data connected to it. If that sounds good, please reply with #MyVictorinox. Terms: http://vx.ag/olapic-tc” By answering Victorinox with the hashtag #YesVictorinox in the comment section, you accept Victorinox’s request to permit the upload and use of your User Content on the Victorinox website and other digital properties operated by Victorinox and permit using your User Content in printed material and other printed matter for use by Victorinox in marketing, promotional, advertising and other customer engagement. In addition, you agree that Victorinox and Olapic use and store the personal data related to the content.
For further information, please refer to the following resources:
Upon acceptance of Victorinox’s request through the posting of #YesVictorinox on your social network platform, the contract takes effect and these Terms and Conditions (“T&C”, “Terms and Conditions” or “Terms”) shall apply.
2. User Content
2.1. Victorinox’s Rights
You grant to Victorinox, its affiliates, its service providers and its retail partners the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Victorinox -tagged User Content in any manner to be determined in Victorinox 's and its affiliates’ sole discretion, including but not limited to on its webpages, social media pages operated by the Victorinox and its affiliates, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media or imprint now or hereafter known. Victorinox and its affiliates may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant Victorinox and its affiliates the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
The User Content that you submit is deemed non-confidential and Victorinox and its affiliates have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to Victorinox’s and its affiliates’ respective privacy policies. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide Victorinox with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Victorinox’s behalf. By providing Victorinox with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Terms and applicable data protection laws and regulations.
Any content submitted by you can be used at our sole discretion. We will not pass on any User Content to third parties other than to our retail partners and service providers. We reserve the right to modify, summarize or delete any content, which we, in our sole discretion and view, consider to violate the guidelines for content or any other provisions of these Terms and Conditions. We do not guarantee that there are any possibilities for you to edit or delete the content you submit.
Victorinox reserves the right to remove any User Content from its website and other digital properties operated by Victorinox at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright or personality, please refer to our notice and take down below. All provisions of these Terms which by their nature should survive after removal, shall survive removal; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.
2.2. Your Representation and Warranty
You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive.
You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
You hereby waive any right to examine or approve the finished product(s) or promotional material(s). You waive any right you may have to control the use of your identity or likeness in whatever media used, and you waive any ownership and publication right you may have in connection with the User Content, with the exception of personal uses. You agree that you will have no right to sell, license or publish any of the User Content.
3. No Remuneration
You understand that there will be no financial or other remuneration for any upload and use of your User Content to the Victorinox website and other digital properties operated by Victorinox or imprints for use by Victorinox in marketing, promotional, advertising and other customer engagement now or in the future.
4. Victorinox’s Intellectual Property Rights
Victorinox’s and its affiliates’ websites and properties contain proprietary information owned by Victorinox and its affiliates or its retail partner, including, but not limited to, text, software, photos, video, graphics and the entire contents of the websites and properties, protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Victorinox.
5. Notice and Take Down
If you believe that any User Content infringes your rights, in particular if you believe that your work has been copied in a way that constitutes copyright infringement, your personality right has been infringed or a criminal offence has been committed (particularly in the areas of pornography, the portrayal of violence, racism and libel) you may provide us with written notification (not e-mail) of your claim to
To be effective, the written notification must include (a) your name and address and where applicable, the physical signature of a person authorized to act on your behalf; (b) an explanation of why you are particularly affected (except with regard to offences for which proceedings are brought directly by the public prosecutor’s office); (c) a precise description of the allegedly illegal content; (d) the reason why the content is illegal.
If a received notice does not meet, or only partly meets, the above listed formal and content-related requirements, Victorinox asks you to provide the missing information within five working days of receiving such request. If you fail to respond before the deadline or if the additional information supplied also does not meet, or only partly meets, the above listed formal and content-related requirements Victorinox will pay no further attention to the notice.
If a received notice fully meets the formal and content-related requirements, Victorinox will inform the user whose User Content is subject to the notice about your notice. Moreover, Victorinox will inform you about its information to the user. Both, the information to you and the user will be made within five days after your notice’s receipt. If it appears very likely that the notice concerns illegal content, Victorinox will take down the User Content. Victorinox decides, at its own discretion, whether to report any criminal offence to the criminal prosecution authorities.
You may also withdraw with future effect your consent to our use of User Content. If you wish that we stop using such User Content, please provide us with a written notification (not e-mail) to the above mentioned address.
6. Limitation of Liability
Claims by you for damages are excluded, other than those arising from injury to life, limb, health or from liability for other damages based on an intentional or grossly negligent breach of duty.
Neither Victorinox nor its affiliates shall be liable for any unreliabilities, inaccuracies or inauthenticity of the information contained within the User Content or for losses arising therefrom.
With regard to all claims/complaints, demands and damages (present and consequential damages) of any kind or nature, whether known or unknown, arising out of any breach of your information in and with regard to the User Content or from your violation of any laws or rights of third parties, including reasonable attorneys' fees, you agree to indemnify and hold us (and our management, directors, agents, subsidiaries, joint ventures, employees and third-party suppliers) harmless.
These Terms and Conditions constitute the entire agreement between Victorinox and you with respect to the subject matter hereof; and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof.
You agree that if Victorinox does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Victorinox has the benefit of under any applicable law), this will not be taken to be a formal waiver of Victorinox ’s rights and that those rights or remedies will still be available to Victorinox. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms are invalid, then that provision will be removed without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
The Terms, and your relationship with Victorinox, shall be governed by the laws of Switzerland without regard to its conflict of laws rules. The place of jurisdiction is Schwyz.
Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to email@example.com or when delivered in person or by registered or certified mail, postage prepaid to:
Last updated: May 25, 2018