General terms and conditions for accessing the "Rodenstock Glasses Advisor" server.

These general terms and conditions ("T&C") regulate the use of the "Rodenstock Glasses Advisor" service from Rodenstock GmbH with its head office in Elsenheimerstrasse 33, D-80687 Munich and the affiliated companies as well as representatives and agents ("providers") as providers of virtual glasses ("Service").

The service
1.1 The service makes it possible for users to test Rodenstock articles by means of the provided photo and video models or by using their own uploaded photos or videos. If a webcam is connected to the user's end device, then Rodenstock articles can also be tried on in live mode. With the service, users can photograph their pictures on the monitor ("content") and post, save, publish, share, distribute and publish them at their own discretion on all social media websites (collectively called "social media"). As soon as the user selects the glasses advisor via the "try it button" or the "Try on glasses online" navigation option, then data is transferred automatically to Facebook.
1.2 The right to use the service is limited to the user. It is personal and cannot be passed on to third parties for free or payment, for a short time or permanently. Commercial use of the service is not permitted.

2 Authorisation and disclaimer for using names and pictures.
The user expressly grants the provider the comprehensive, irrevocable and worldwide right for the use, reuse, publication, presentation, republication, transfer and duplication of all content posted by the user in all social media websites controlled by Rodenstock (e.g. Rodenstock Blog,...), in any format that exists at that time or that is developed at a later time, for any purpose including use for advertising purposes, packaging, promotions and commercial applications without geographical or time restrictions or limitations in connection with the type of use, and without the provider being obliged to pay, with the exception of legally prohibited cases. The provider is not obligated to use the content, and is entitled to delete the content at any time without giving any reasons. Users expressly waive all rights and legal acts in connection with examination and approval of the final product that is produced and used in connection with the content.

3 Declarations and guarantees of users
3.1 The user declares and guarantees that (I) he holds all rights and automations to use the content; (II) The use of the content by the user does not violate any copyrights, personal rights, data privacy rights, rights to public accessibility, brand rights or other property rights of any persons or institutions; (III) He will only use the service for legally permitted purposes according to applicable law and in all cases without violating the rights of third parties; (IV) If the user is acting on behalf of a third party, then he has the necessary automation to grant the provider all the rights given above without having to ask the third party for special permission or having to inform him.

3 Declarations and guarantees of users
3.1 The user declares and guarantees that (I) he holds all rights and automations to use the content; (II) The use of the content by the user does not violate any copyrights, person rights, data privacy rights, rights to public accessibility, brand rights or other property rights of any persons or institutions; (III) He will only use the service for legally permitted purposes according to applicable law and in all cases without violating the rights of third parties; (IV) If the user is acting on behalf of a third party, then he has the necessary automation to grant the provider all the rights given above without having to ask the third party for special permission or having to inform him.

3.2 The user declares and guarantees that he will not publish any content that is offensive, infringing, defamatory, harmful, pornographic, vulgar, obscene, child pornographic, sacrilegious; content that violates applicable laws or regulations – including but not limited to regulations concerning intellectual property, personal rights or data privacy; that temps third parties to indulge in illegal and/or criminal acts and that leads to criminal or civil liability; content that contains viruses or other programs that adversely affect or hinder the correct operation of the service, lead to an overload of the technological infrastructures and servers of the provider, or intercept or falsify operating systems, data or personal information or could disrupt or delete computer-based or electronic correspondence; content that contains, posts and/or publishes advertisements, advertising material or customer acquisition of any type, or that makes it possible for other persons to post and/or publish content of any type. 3.3 The user declares and guarantees that he will not publish any of the following information in connection with the use of the service: I) Confidential data (including but not limited to information concerning the health, ethnicity, race, sexual preference, criminal record, marital status, religious views, political or religious group association or financial situation of a person); II) Photographs/pictures of minors without the permission of the legal guardians and/or in any case III) Personal data of third parties (including pictures/photographs) without having the necessary permission for their online publication/distribution.

4 Indemnity
The user commits to indemnify the provider against any losses, damage, liability, costs, outlays (including legal fees), which result from third party claims in connection with violations against the declarations and guarantees of the user from these terms and conditions. This also includes the costs for determining the benefit, regardless of whether it is initiated by the court or out of court.

5 Limitation of liability of the provider
5.1 The user acknowledges that the service serves exclusively to approximately convey the appearance of the actual article and how the product looks on the face of the user. With the exception of any possible legal requirements, the provider is not responsible for the accuracy of this approximation, the quality, correct operation or suitability of the service for a specific purpose.
5.2 The user acknowledges that the provider is not required to review the content posted by the user unless this is required to comply with a court order or an order from another responsible authority, that the provider is not subject to any type of duty to review and that it is therefore under no circumstances responsible for the given content, any errors and/or omissions as well as for direct or indirect damages that result for the user and/or third party from using or not using the service. The user is liable solely and to the full extent for all content posted, published or distributed independently using the online service.

6 Availability and continuance of the service
The user acknowledges that the provider has the right at its own and sole discretion to (i) interrupt the service temporarily or permanently, (ii)refuse access to it, (iii) remove content from all social media controlled by Rodenstock. Under no circumstances is the provider liable for the loss of or damage to content.

7 Reporting to authorities
The user acknowledges that the provider can take measures immediately according to the applicable law if it becomes aware of possible illegal actions by the users (for example, but not limited to, the distribution of child pornographic content via the service), and that it can report such violations to the responsible authorities for further prosecution by giving all the information available to it to ascertain the user.

8 Intellectual property rights
The user acknowledges that the provider can take measures immediately according to the applicable law if it becomes aware of possible illegal actions by the users (for example, but not limited to, the distribution of child pornographic content via the service), and that it can report such violations to the responsible authorities for further prosecution by giving all the information available to it to ascertain the user.
8.1 The user acknowledges that the service and the software necessary to provide it ("software") are exclusively the property of the provider or alternatively have been licensed to the provider and the software contains confidential information and is legally protected. The provider or its licensor grant users a non-exclusive and non-transferrable, free license to access and use the service and to use the software necessary for that use.
8.2 The user agrees to not access the service in any other way than via the software interface of the provider. The user acknowledges that the purchase of all content or data through the use of the service is solely at his own responsibility and that the user alone is liable for any damage to the system or loss of data, even after indirect use of the service. Use of the service and software is at the user's own risk and at his own discretion. The service and software are offered by the provider and acknowledged by the user according to the current terms and conditions (as is and as available). The provider makes no guarantee whatsoever that the software meets the needs of the user or that it works without interruption, reasonably, securely or error-free. The provider makes no guarantee whatsoever for the results that are expected, hoped for or achieved through the use of the software.
8.3 The user agrees to not access the service in any other way than via the software interface of the provider. The user acknowledges that the purchase of all content or data through the use of the service is solely at his own responsibility and that the user alone is liable for any damage to the system or loss of data, even after indirect use of the service. Use of the service and software is at the user's own risk and at his own discretion. The service and software are offered by the provider and acknowledged by the user according to the current terms and conditions (as is and as available). The provider makes no guarantee whatsoever that the software meets the needs of the user or that it works without interruption, reasonably, securely or error-free. The provider makes no guarantee whatsoever for the results that are expected, hoped for or achieved through the use of the software.

9 Changes to the general terms and conditions
To use the service, it is necessary for the user to agree to these general terms and conditions. The user acknowledges that these general terms and conditions can be changed unilaterally by the provider at any time by simply publishing the new version. By using the service, the user agrees to the general terms and conditions applicable at that time. The new general terms and conditions go into force automatically after they are published. Should the user not be in agreement with the new conditions, then the user can no longer use the service and in that case has no right whatsoever or claim resulting from the lack of possibility to continue using the service. Under no circumstances is the provider liable for deleted content.

10 Messages
For questions about the service, users can contact the provider directly at info@rodenstock.com.

11 Court of jurisdiction and applicable law
These general terms and conditions are subject to German law. All disputes arising from the interpretation and/or execution of these general terms and conditions are subject to the courts at the place of residence or delivery address of the consumer if the user is a consumer and resides in Germany. If the user is not a consumer or does not reside in Germany, then the court of jurisdiction is Munich. All points not dealt with expressly in these general terms and conditions are regulated according to the applicable law.