Условия пользования

LUMIX CLUB Terms of Use

1. Purpose of these terms of use
These terms of use (“Terms”) shall apply to all relationships between Panasonic Corporation (“Panasonic”) and any user of the Service (“User”). The “Service” means the service provided by Panasonic on and/or through the LUMIX CLUB web site.

2. Other Terms
Any other terms (including, without limitation, conditions of use and ways of use) provided on the Service (“Other Terms”) constitute a part of these Terms. In the event the Other Terms differ from the Terms, the Other Terms will supersede the Terms.

3. Registration for the Service
1) Those who wish to use the Service (“Applicant”) may use the Service subject to the condition that the Applicant accepts, agrees to be bound by and complies with the Terms, provided that an Applicant who is less than 18 years old or such age as set by applicable laws and regulations, whichever younger, is required to obtain consent from their parent or guardian to use the Service in addition to the foregoing. The Terms are deemed to be accepted by the Applicant and the registration for the Service is deemed to be completed when the acceptance or agreement to the Terms in the user interface for the Service or through Panasonic application, including, without limitation, “LUMIX LINK”, (and, for an Applicant who is less than 18 years old or such age as set by applicable laws and regulations, whichever younger, certification of the parent’s or guardian’s consent) is activated. Notwithstanding the foregoing, an Applicant who is less than 13 years old and lives in the U.S.A. may not use the Service.
2) The Applicant agrees to enter all items required for registration to the Service accurately and without omission.
3) In the event that items which the User has entered in the course of the registration are changed, the User agrees to notify Panasonic of such changes without delay.

4. Service fee and expenses
The User may use the Service free of charge, provided, however, that the User must procure at their own expense, control and at their own risk any devices necessary for using the Service, and User shall bear any and all costs and expenses related to such devices and use thereof including, without limitation, connection costs with network service providers and packet communication fees for cellular phones or smart-phones.

5. Suspension of the Service
The User acknowledges and agrees that Panasonic may suspend the Service at its sole discretion without prior notice to the User in the event that:
(1) equipment used in providing the Service are given maintenance on a regular or emergency basis;
(2) the Service cannot be provided due to force majeure including, without limitation, fire, electrical outages or acts of providence;
(3) the service provided by network service providers is suspended for any reason; or
(4) Panasonic reasonably determines it necessary to suspend the Service due to administrative or technical reasons.

6. Change, transfer or stoppage of the Service
1) The User acknowledges and agrees that, to the maximum extent permitted by any applicable laws and regulations, Panasonic may change, add, suspend or stop any provision of the Service contents, or may change or add any condition of use of the Service, without prior notice to the User, regardless of the reason. However, any changes that are accompanied by a change in the Terms or the Other Terms are subject to Section 7 of the Terms.
2) The User acknowledges and agrees that Panasonic may stop in whole or in part the Service by posting notice of such changes on the user interface of the Service or by notifying the User in accordance with Section 8 of the Terms, with a reasonable period of advance notice.
3) The User acknowledges and agrees that Panasonic may assign or transfer any and all rights or obligations under the Terms by posting notice of such changes on the user interface of the Service or by notifying the User in accordance with Section 8 of the Terms, with a reasonable period of advance notice.

7. Change of Terms
The User acknowledges and agrees that Panasonic may change the Terms or the Other Terms by posting notice of such changes on the user interface of the Service. Such changes shall become effective as of the effective date set by Panasonic. In the event that an effective date is not set, such changes shall become effective as of the date seven (7) days after it is posted on the user interface of the Service.

8. Notice to User
In the event Panasonic determines it necessary to notify the User of anything in relation to provision of the Service to the User, Panasonic will post the new contents on the user interface of the Service or will send an e-mail to the registered e-mail address of the User. The e-mail notice from Panasonic shall only be sent to the registered e-mail address and the User expressly acknowledges and agrees that Panasonic does not warrant that such e-mail notice will actually reach the User.

9. Duties of the User
1) The User agrees that the User shall be responsible for all its own activities in using the Service, and agrees that it is the User’s responsibility to obtain all necessary rights related the use of the Service, including all rights and approvals to store, reproduce, share, collect or otherwise use data through the Service. The User further agrees that it is the User’s responsibility to comply with any and all laws and regulations with respect to copyright, confidentiality, defamation, dignity and export, and any other duties under any applicable laws and regulations.
2) The User agrees that the User is fully responsible for undertaking suitable precautions to scan for computer viruses and maintaining back-up copies or data of any pictures used in the Service in a place outside of the Service, and Panasonic shall have no liability for any such back-up pictures stored outside the Service.
3) The User agrees that it is the User’s sole responsibility to control the password and devices necessary to access the Service. The User further agrees that access through methods such as using a combination of the User’s ID and password, or using registered devices of the User, shall be deemed to have been conducted by the User itself.
4) The User agrees that it is fully responsible for any disclosure of the information necessary for posting data, which is URL for posting, e-mail address, address number and access number for posting (collectively “Information For Posting”), to any third party.
5) The User agrees that it is fully responsible for any breach of its obligations under the Terms and the Other Terms including, without limitation, failure to adhere to the Terms of use or procedures of the Service, and for any resulting unavailability of any and all parts of Service.
6) The User may share data with a third party and allow such third party to upload or download data by using the picture/motion-picture sharing feature of the Service, however, if the User uses the picture/motion-picture sharing feature of the Service, the User agrees that it is fully responsible for any communication with such third party or any conduct of such third party (and that Panasonic shall have no responsibility whatsoever to the User or to any third party for the shared data).
7) By using the cloud synchronization feature of the Service, the User may automatically synchronize picture data in User’s digital still camera with graphic editing software “PHOTOfunSTUDIO” for personal computers or Panasonic application, or may forward picture data to such devices as set by the User for connecting with services other than LUMIX CLUB (“External Service”) or the Service, or albums of the User or any third party, however, the User agrees that it is fully responsible for setting the synchronized objects and forwarding destinations. If the User uses the cloud synchronization feature of the Service, the User agrees that it is fully responsible for any communication with such third party or any conduct of such third party (and that Panasonic shall have no responsibility whatsoever to the User or to any third party for the shared data).
8) User may send to an e-mail regarding live stream contents provided by External Service to the designated e-mail address of any third party by the Service, however, the User agrees that it is fully responsible for: (i) sending such e-mail (including, without limitation, designation of contents and e-mail address), and (ii) any communication with such third party or any conduct of such third party, (and that Panasonic shall have no responsibility whatsoever to the User or to any third party for the live stream contents).
9) The User agrees to defend, at its own cost and responsibility, any inquiry or allegation against Panasonic received from or any dispute with other User or any third party and agrees not to expose Panasonic to any undue risks. The User shall indemnify and hold harmless Panasonic and its affiliated companies, and each of their respective owners, officers, directors, employees and agents for any and all liabilities caused by the User’s activities.
10) The User agrees to accept liability for any damages to any other User or to any third party arising from any breach of User’s obligations under the Terms or the Other Terms, and User further agrees not to expose Panasonic to any undue risks. The User shall indemnify and hold harmless Panasonic and its affiliated companies, and each of their respective owners, officers, directors, employees and agents for any and all damages to third parties caused by the User’s activities.

10. Copyright
1) The User acknowledges and agrees that any copyrights, trademarks or other intellectual property rights associated with any and all information, trademark, image, picture or video provided by Panasonic through the Service (collectively “Materials”) belong to Panasonic or to rights holders who have granted Panasonic a license for the Service.
2) The User may copy, reproduce, download, transmit and/or print individual pages contained on the Service for the purpose of accessing the Service under the Terms or the Other Terms and/or your personal, non-commercial use, provided the User agrees not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this website; (ii) any of the Materials; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed.
3) The User acknowledges and agrees that Panasonic has no responsibility for copyrights or other intellectual property rights of the picture data or comments (“Picture Data”) which the User (and, in case of the picture/motion-picture sharing feature of the Service, any third party using such feature) have placed on the Service.

11. Prohibition and restriction
1) The User agrees not to use the Service in any case which:
(1) infringes or may infringe any intellectual property rights (including, without limitation, copyrights, design rights or trademark rights) or any other rights of any third party;
(2) infringes or may infringe any property rights, privacy rights or portrait rights;
(3) defames or slanders any third party;
(4) conducts, facilitates or encourages criminal behavior including, without limitation, fraud or interference with the duties of any third party;
(5) sends or posts any picture or document constituting or depicting any child pornography or child abuse;
(6) conducts any activities that Panasonic reasonably determines to be offensive to public order or morals or to infringe the rights of any third party;
(7) uses the Service for profit or commercial purpose;
(8) discloses the Information For Posting to a third party, and, if such disclosures are made, the User assumes all responsibility for such disclosures; or
(9) Panasonic, within its sole discretion, determines is inappropriate.
2) The User acknowledges and agrees that in the event that Panasonic reasonably determines that any Picture Data in the Service falls under the prohibited matters set forth in the preceding clause, Panasonic may, at its sole discretion, remove such Picture Data. The User further acknowledges and agrees that in some cases Picture Data may not be placed on the Service despite User’s wishes and that Picture Data may be removed from the Service regardless of whether User is using the Service, and that in such cases, Panasonic has no obligation to provide explanations to the User.
3) The User agrees not to reproduce, publish, send, distribute, transfer, translate, adapt, license, reprint or reuse any pictures, text, voice or other data, contents or computer program except for Picture Data posted or made by the User itself. The User may, however, do so with prior written approval from Panasonic.
4) The User agrees that it shall owe the same duties and obligations to any third party to whom the User grants access to the picture/motion-picture sharing feature as under the Terms and the Other Terms.

12. Cessation of Service or termination of qualifications by Panasonic
The User acknowledges and agrees that Panasonic may immediately cease to provide the Service to the User or may eliminate the User’s qualifications in the event that:
(1) Panasonic reasonably determines that the User is engaged in the prohibited matters set forth in Clause 1 of Section 11;
(2) the User breaches the Terms or the Other Terms; or
(3) Panasonic determines, in its sole discretion, that the User has used or has attempted to use the Service inappropriately.

13. User Acknowledgements
1) The User acknowledges and agrees that Panasonic is entitled to back up, resize or migrate Picture Data to which the User may have rights without approval of the User for administrative or technical reasons.
2) The User acknowledges and agrees that Panasonic may entrust administrative operations of the Service to any contractors of Panasonic.
3) The User acknowledges and agrees that upon reasonable notice, Panasonic is entitled to remove Picture Data of any User which has not been used for certain time periods in order to maintain efficient administrative operations.
4) The User acknowledges and agrees that, depending on the devices which the User uses or the geographic area the User lives in, the User may not have access to all of the Service’s features.
5) The User acknowledges and agrees that Panasonic may, at its sole discretion, remove Picture Data stored temporarily in Panasonic server for the cloud synchronization feature of the Service in the event that:
(1) the period designated by Panasonic has elapsed from the date when such Picture Data are stored;
(2) the quantity of such Picture Data reaches the quantity designated by Panasonic;
(3) such server is filled up to the extent designated by Panasonic; or
(4) such Picture Data are completed to be synchronized with the objects set by the User and to be forwarded to the destinations set by the User.
6) The User acknowledges and agrees that no money will be owing to any party as a result of the uploading, transmission or other use of the User’s Picture Data as set forth in the Terms or the Other Terms.

14. Termination of the agreement
1) In the event that the User’s qualifications are terminated in accordance with Section 12, the agreement between Panasonic and the User shall be terminated.
2) The User may cancel its membership with the Service in accordance with the procedures specified by Panasonic, unless otherwise provided by any applicable laws and regulations. However, the User acknowledges and agrees that a reasonable period of time may be necessary to complete the membership cancellation.

15. DISCLAIMER
1) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAWS AND REGULATIONS, PANASONIC IS NOT LIABLE FOR ANY DAMAGE, LOSS OR DISADVANTAGE WHICH THE USER MAY SUFFER ARISING OUT OF SUSPENSION OR STOPPAGE OF THE SERVICE, OR ANY CHANGE OR ADDITION TO THE SERVICE OR ITS CONTENTS (“DAMAGES”).
2) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PANASONIC IS NOT LIABLE FOR ANY DAMAGES ARISING OUT OF THE USER’S CONDUCT OR FAILURE TO FULFILL THEIR DUTIES AS SET FORTH IN SECTION 9.
3) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAWS AND REGULATIONS, PANASONIC IS NOT LIABLE FOR ANY DAMAGES ARISING OUT OF ANY PROBLEMS WITH THE PICTURE DATA OF A USER WHO USES THE SERVICE, AND PANASONIC HAS NO RESPONSIBILITY FOR RESTORING SUCH PICTURE DATA.
4) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAWS AND REGULATIONS, PANASONIC IS NOT LIABLE FOR DAMAGES ARISING OUT OF PANASONIC’S REMOVAL, IN ACCORDANCE WITH CLAUSE 2) OF SECTION 11, CLAUSE 5) OF SECTION 13 OR CLAUSE 6) OF SECTION 13, OF ANY PICTURE DATA OF A USER WHO USES THE SERVICE, AND PANASONIC SHALL HAVE NO RESPONSIBILITY FOR RESTORING ANY PICTURE DATA THAT HAS BEEN REMOVED OR MONITORING USE OF THE SERVICE.
5) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAWS AND REGULATIONS, PANASONIC HAS NO RESPONSIBILITY FOR ANY GOODS OR SERVICES REFERRED TO IN THE ADVERTISEMENTS OF OTHER COMPANIES, OR FOR THE CONTENTS OF ANY ADVERTISEMENTS ON THE SERVICE OR ANY WEBSITE TO WHICH PANASONIC PROVIDES LINKS ON THE SERVICE.

16. External service
1) In the event the User uses the picture transfer feature of the Service in conjunction with External Service or uses the Service for sending an e-mail regarding live stream contents provided by External Service, the User agrees to register, in advance, such External Services, if required. In the event such External Service has express terms and conditions, the User agrees to comply with such terms and conditions whenever the User uses the External Services.
2) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PANASONIC HAS NO RESPONSIBILITY FOR USER’S CONDUCT ON ANY EXTERNAL SERVICE.

17. Treatment of specific information
1) The User acknowledges and agrees that Panasonic may use the information with which the User, as individuals, can be specifically identified (“Personal Information”), the Historical Information (defined in Section 19) and Picture Data (collectively “Specific Information”) in accordance with the “Personal Information Protection Policy” posted on the user interface of the Service.
2) The User acknowledges and agrees that Panasonic may use the Specific Information which Panasonic receives in the course of registration with the Service, in inquires by the User or through User’s usage of the Service:
(1) To provide the Service and/or to handle inquiries from the User;
(2) To place an advertisement on the Service based on User’s profile;
(3) To send advertising information to the User, including, without limitation, note of invitation for the event regarding Panasonic goods and services, direct mails (including e-mail) or advertising printed matters, or to carry out its operations relating to such goods and services;
(4) To seek additional approval of the User for Panasonic to use Personal Information for other purposes; or
(5) To notify the User in any case Panasonic determines necessary.
3) The User acknowledges and agrees that Panasonic may entrust Specific Information to its contractors to accomplish the purposes set forth in the preceding clause.
4) Panasonic and its affiliated companies will not disclose or provide Personal Information of a User to/with any third party (including other User), except in the event that:
(1) the User, on its own, discloses or agrees to disclose his/her name, address, sex, age, mailing address or other personal information to the third party;
(2) Panasonic is required to disclose Personal Information by laws and regulations to courts, police, prosecutors or governmental bodies;
(3) Panasonic determines it reasonably necessary to disclose Personal Information to any third party for the protection of the life, body, or property of Panasonic, its affiliated companies or any third party (including another User); or
(4) it is necessary for the administrative operations of the Service.
5) The User may, in accordance with procedures for contact information specified by Panasonic, request Panasonic or its group companies to cancel the usage or provision of Personal Information to third parties, however, this clause does not apply to the cases specified in the preceding Clauses (2) to (4) of this Section, unless otherwise provided by any applicable laws and regulations.
6) The User acknowledges and agrees that, in the event that Panasonic cancels the usage or the provision of a User’s Personal Information in accordance with the preceding clause, the provision of the Service or part of the Service or associated services to such User may be limited.
7) The User acknowledges and agrees that the e-mail address and any further data it may upload onto the Service from time to time including, without limitation, photographic material, will be stored on a server located in a country where data protection may not be equivalent to that provided under the country of residence. The User further acknowledges and agrees that any data transmitted to such country may be subject to the laws and regulations of that country.
8) The User acknowledges and agrees that Panasonic may utilize data regarding User’s usage of the Service or the purchase of goods or services in order to create marketing surveys, historical trend analyses or may otherwise analyze User’s data, and Panasonic may edit Specific Information it has received into masked data for its own use and/or may disclose and provide such data to/with any third party.

18. NO WARRANTY AND LIMITATION OF LIABILITY
1) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PANASONIC DOES NOT WARRANT TO THE USER THAT THE CONTENTS OF THE SERVICE OR THE PICTURE, VIDEO, TEXT VOICE OR OTHER DATA CONTENTS OBTAINED BY THE USER AS A RESULT OF USER’S USE OF THE SERVICE ARE ACCURATE, COMPLETE, ASSURED, USEFUL, OR THAT THE SERVICE WILL BE EFFECTIVE TO THE USER. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT SUCH CONTENTS OF THE SERVICE OR THE PICTURE, VIDEO, TEXT VOICE OR OTHER DATA CONTENTS ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PANASONIC DOES NOT WARRANT TO THE USER THAT PICTURE DATA APPEARING ON THE USER INTERFACE OF THE SERVICE IS NECESSARILY IN THE SAME COLOR AS THE USER WHO POSTED IT PERCEIVES.
3) THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT PANASONIC SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM THE USER’S USE OR INABILITY TO USE OR ACCESS THE SERVICE, ANY MATERIALS CONTAINED HEREON, OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

19. User’s historical information
1) The User acknowledges and agrees that Panasonic collects through the Service the User’s usage history and access history of the Service (collectively “Historical Information”).
2) The User acknowledges and agrees that Panasonic may use the Historical Information for providing or improving the Service or developing new features in the Service.
3) The User acknowledges and agrees that, to the maximum extent permitted by any applicable laws and regulations, Panasonic automatically collects the Historical Information by using IP addresses, device IDs, cookies or web beacons for enriching the Service or making the use of the Service more convenient.
4) Panasonic will handle the Historical Information properly, and in accordance with Section 17 to the extent that the Historical Information meets the definition of Personal Information.

20. Non-assignment
The User agrees not to assign or transfer, in whole or in part, the qualifications as User of the Service, or any rights or obligations under the Terms or the Other Terms to any third party.

21. Acquisition of Business
In the event that Panasonic is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, including but not limited to such a transaction relating to the Service, the User hereby acknowledges and agrees that the Service, all data collected relating to the Service, and all of Panasonic’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Panasonic will post a notice to such effect on the Service and/or by any other media or contact method as may be required by applicable laws and regulations.

22. Severability
The invalidity or unenforceability of any provision of the Terms or the Other Terms pursuant to any applicable laws and regulations shall not affect the validity or enforceability of the remaining provisions hereof, but this Terms shall be construed as if not containing the provision held invalid or unenforceable in the jurisdiction in which so held.

23. No waiver
No waiver by Panasonic of any terms or conditions of the Terms or the Other Terms shall be deemed a further or continuing waiver of such terms or conditions, and Panasonic’s failure to assert any right or demand compliance with any provision of the Terms or the Other Terms shall not be deemed to constitute a waiver of any such right or provision.

24. Governing law
To the maximum extent permitted by any applicable laws, the Terms and the Other Terms shall be governed by and interpreted under the laws of the State of New York, United States of America, without regard to its conflicts of laws provisions.

Panasonic Corporation
Enacted as of September 5, 2011
Enacted as of July 18, 2012
Enacted as of January 10, 2013