Terms and Conditions
Welcome to LOMOGRAPHY! Lomographische GmbH, a Vienna-based private limited company, incorporated under Austrian Law, and/or its affiliates (“we”, “us”, “our”), provide Services to you, subject to the following Terms & Conditions. By visiting our Website(s) lomography.com (or any domain under the “lomography” brand with a different top-level domain, such as lomography.de) or by using our Services, you agree to be bound by these Terms & Conditions. “You” means you, the visitor, buyer of our Products or user of our Services.
Our Services are intended for personal use only and not for commercial purposes. If you are interested in using our Services for commercial purposes, please contact us directly to discuss your options.
Our Websites have been showcasing high-quality experimental analogue photography to the world for over 30 years! To establish a fair and transparent business relationship from the start, the following Terms & Conditions outline the rights and responsibilities of both parties regarding the use of our Websites and the Services we offer. Please do read carefully and feel free to contact us if you have any questions. We’re happy to help!
Our Services are governed by these Terms & Conditions, which outline our obligations, responsibilities, and liabilities in full. We and any other parties involved in providing our Services will not be responsible or liable for any reliance on, or use of, the information available on our Websites or through our Services. We do not make any representation or warranty, express or implied, regarding the accuracy, completeness, or authenticity of the information provided, or its timeliness.
We assume no responsibility and shall not be liable for any errors or omissions arising from the use of information on our Services or Websites, any failures, delays, interruptions, or losses or damages arising from the use of our Websites or Services. Additionally, we are not liable for any conduct associated with our Services or Websites, including but not limited to Community Photo Uploads, postings, or other information made available. Finally, we shall not be liable for any damages to electronic devices or other property resulting from accessing, using, browsing, or downloading any material or information from our Websites or using our Services.
Without limiting the foregoing, our Services and everything on our Websites are provided to you “as is”. Use at your own risk!
Except in cases of personal injury or breach of a main contractual obligation, we exclude liability for damages resulting from slight negligence. Under no circumstance will we be responsible for any loss of profit, or any loss of opportunity, revenues or anticipated savings, for any increased costs or expenses, or for any special, indirect or consequential damages of any nature whatsoever.
Community Photo Upload Service
We provide a Photo Upload Service and the associated storage space in a dedicated directory area as a Service to you, a member of our Lomographic community (“Community”). Community membership is non-transferable and intended for personal use only.
We make no representation or warranty, express or implied, about the reliability of these Community Photo Uploads Services. We are not responsible for any damage whatsoever caused by loss of access, deletion or alteration of a Photo Upload; you are responsible for monitoring and creating backups of your Photo Uploads.
We encourage the free exchange of ideas but have established the following rules for you. You are solely responsible for (i) your use of our Services, (ii) materials or other information your make available through our Services or on our Websites, (iii) any and all liability arising from the infringement of copyright rights, other proprietary and personal rights, or (iv) any libellous or unlawful material in such information. We are not responsible for any such material or information and do not endorse any opinions expressed on our Websites. We do not review Photo Uploads or other information before they are made available, but reserve the right to remove from our Websites or otherwise disable any Photo Upload or other information made available by you.
You are prohibited from uploading or making available any material or other information that (i) is unlawful, including but not limited to material that infringes on intellectual property rights or violates privacy laws, (ii) could harm the reputation or safety of individuals or groups, (iii) could offend or harm others, (iv) could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or (v) otherwise violates any applicable laws, rules, or regulations.
The following is a non-exhaustive list of content and information that is not permitted on our Services and Websites:
- Any content protected by intellectual property laws (such as copyright) without express permission from the author and right holders.
- Any content inconsistent with the values and spirit of our Community, including expressions of intolerance, prejudice, or discrimination such as racism, sexism, homophobia, or hatred.
- Any content that may be perceived by us, members of our Community, or others, as defamatory, threatening, abusive, deceptive, profane, slanderous, offensive, or inappropriate, including pornography.
- Any use of malicious software or code that may compromise the security of our Websites, Services, or IT systems.
- Any content that violates applicable laws, rules, and regulations or promotes or engages in illegal activity.
- Advertising or any form of commercial solicitation. This includes, but is not limited to, promoting products, services, or businesses, or soliciting donations or financial contributions, without our prior written consent. Our Websites are intended for non-commercial use within the specified scope of our Services only.
- Links that promote any of the above.
Please note that this list is not exhaustive, and we reserve the right to remove or otherwise disable any content that we deem (i) inappropriate, or (ii) in breach of our Terms & Conditions, or (iii) that violates our content policies, as outlined above. Although we may monitor or review discussions, postings, transmissions, and the like on our Websites from time to time, we are under no obligation to do so and assume no responsibility or liability for information made available through our Services or on our Websites. By using our Websites, you agree not to make available any content that violates our content policies, as outlined above.
If you come across any content or information on our Websites or Services that you believe violates these Terms & Conditions or our policies, we encourage you to report it to us. Your active involvement in maintaining the integrity of our Websites and upholding a respectful environment is highly appreciated!
Termination of Service
Please note that we reserve the right to terminate our Services to you and remove any of your Photo Uploads, your account, or other information from our Websites at any time and without notice, for any breach of these Terms & Conditions or any other policies or guidelines that we set out on our Websites or that are communicated by our employees. Additionally, we reserve the right to terminate our Services if we believe that your conduct is harmful to our Community or others. In certain situations, we may also terminate our Services if it is in our legitimate business interest, such as protecting the security of our Services, avoiding legal liability, preserving the reputation of our business, or addressing financial issues.
Please note that if we terminate our Services, this may include the deletion of your Community Photo Upload account and any associated photos, comments, or other information that you may have made available through or Services or on our Websites. It is important to understand that you will not be entitled to any compensation in the event of termination.
Intellectual Property Guidelines; Granting License
We respect the intellectual property rights of others and expect our users to do the same. It is your responsibility to determine whether material is protected by copyright or other proprietary or personal rights. Accordingly, you are prohibited from making any material or information available on our Websites that is protected by copyright or other rights without obtaining express permission from all the rights holders.
By using our Photo Upload Service or otherwise making information available through our Services or on our Websites, you warrant that you have all necessary rights, licences, and permissions to use and authorise us to use such information in the manner contemplated by our Services. You also grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, distribute, reproduce, modify, adapt, prepare derivative works of, publicly display, publicly perform, translate, and distribute, including the right to modify or alter, your material or other information made available through our Services or on our Websites. This license allows us to use your material or information for any editorial or commercial purpose and in any media format, whether now known or developed in the future. This may include art, websites, advertising, promotion, marketing, or packaging, for any product or service.
You further warrant that you have obtained the necessary consent and permission from the depicted persons to use and incorporate their likeness in the material made available by you through our Services or on our Websites. This includes the right to use their likeness for any editorial or commercial purpose, in any media, whether now known or developed in the future, and for any product or service.
You acknowledge that we have the sole discretion to decide whether to present all of your material, a selection thereof, or none at all, without seeking further consent.
Removal of Infringing Materials
If we become aware of any material on our Services or Websites that infringes on copyright or other rights, either through our ordinary business activities or through notification by a third party, we will promptly investigate the matter and take necessary action to either remove or otherwise disable the infringing material. We will also notify the person responsible for the material of our actions.
If you believe that your work has been used on our Websites in any way that constitutes a rights infringement, please contact us!
If you believe that we removed or disabled your Upload due to a mistake or misidentification, you have the right to submit a counter notification to us. Your counter notification should establish your intellectual property rights and provide any additional information that we request. Once we receive your counter notification, we will promptly forward it to the other party and inform you of any further steps in the process.
Use of Your Ideas
By submitting any information to us through our website functions, email, or other means, including comments, suggestions, or questions, you acknowledge and agree that such information is non-confidential and non-proprietary. You also grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, transmit, publish, broadcast, and repost any such information for any purpose whatsoever.
Furthermore, you acknowledge and agree that we are free to use any ideas, concepts, know-how, or techniques you make available for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
Please note that we do not assume any obligation to protect any such information from disclosure, and we are not liable for any use or disclosure of such information by any third party.
Links to/from other Sites
Our Intellectual Property Rights
You are not authorised to use, reproduce, distribute, modify, or create derivative works based on our trade marks, copyrighted material, trade dress, or any other intellectual property owned by us, unless you have obtained prior explicit written permission from us. This includes but is not limited to using our intellectual property on your websites, social media, marketing materials, or any other public or private platform. You are also prohibited from using our intellectual property in any manner that may confuse or mislead consumers or that may harm our reputation or goodwill.
Lomography® and Lomo® are trade marks registered by us for multiple photography-related products and services including, among others, cameras and photographic apparatus; photographic films; digital recording media; computer software, including programs for use on mobile electronic devices; mobile apps; light measuring apparatus; computer software that enables internet users to create, bookmark, annotate, and publicly share data; electronic publications; lighting apparatus; cases and bags; parts and fittings; photographic casings; digital graphic scanners; instant cameras; objectives (optics); accessories for photographic apparatus, cameras, lenses and flash-bulbs; adapters; carrying straps; optical filters; photographic media; magazines; photobooks and city guides; marketing services; photo sharing and video sharing services; telecommunications services; email and instant messaging services; photographic film development; editing of digital photographs; digital printing; services relating to the processing of photographic film; photography instruction; entertainment and cultural activities; publishing services; organisation and arranging of photography and art exhibitions; providing of photographs and images and associated information on the internet; operation of photo booths; non-downloadable software; social networking; creating an online community; electronic storage of photographs.
You are not permitted to associate our brands with the brands of third parties, advertise or promote third-party brands in conjunction with or in proximity to our brands, trade marks, or trade dress, or use our brands for co-branding or in any manner that discredits or disparages us.
Prohibition of Web Scraping and Crawling
You agree not to engage in any web scraping or crawling activities on our Websites. This includes, but is not limited to, the use of automated bots, software, or any other means to extract, collect, or scrape data from our Websites without our explicit consent. We reserve the right to take appropriate measures to protect the integrity and security of our Websites, including but not limited to implementing technical safeguards and pursuing legal remedies to address unauthorised web scraping or crawling activities.
Warning: Intellectual Property Infringement and Indemnity
You should assume that all material on our Services and Websites are protected by copyright unless noted otherwise. Any unauthorised use of the material may violate copyright laws, data protection laws, trade mark laws, privacy and publicity protection laws, or civil and criminal statues.
In the event that you breach these Terms & Conditions, we prefer to resolve matters amicably and therefore will give you the opportunity to remedy the situation. However, if you fail to provide a remedy, you agree to indemnify and hold us harmless from any claims, damages, or losses, including reasonable attorney’s fees and court costs, that arise out of your use of our Services. We reserve the right to legally escalate the matter if necessary.
We take suspected illegal activities seriously and have a zero-tolerance policy towards such behaviour. As a matter of policy, we promptly report any suspected illegal activities to law enforcement agencies and fully cooperate with their investigations.
Disclaimer for Lomography Magazine
The Lomography Magazine is a photography publication featuring editorial content that showcases the work of artists and provides insights into the latest developments in the world of photography. It is intended to inspire and support the growth of photographic skills and knowledge. We interview and receive content from Community members, as well as other photographers, creatives and partners – they have granted us the right to use the material included in the articles.
As an editorial publication featuring content produced by members of our Community, the Lomography Magazine is fully independent from the Lomography Shop and freely accessible to all photography lovers. Therefore we cannot assume responsibility that the material featured in the Lomography Magazine does not infringe on any intellectual property rights. If you believe any material published in the Lomography Magazine infringes your rights, please notify us by emailing email@example.com! We will remove or disable access to infringing materials upon receiving notice with due speed.
If you have any questions, we recommend reading our frequently asked questions before reaching out to us. If you can’t find what you’re looking for, or if you have any other questions, please don’t hesitate to contact us directly. Simply send us an email to firstname.lastname@example.org, and we’ll get back to you as soon as possible!
Please note that emails will not be answered between Friday 5pm and Monday 10am. Emails received outside of our business hours or on public holidays may not be answered until the next business day. Our business hours are based on the local time of our offices.
Disagreements; Governing Law and Jurisdiction
We understand that disagreements can happen, but we’ll always do our best to resolve them quickly and fairly. If you ever feel unhappy with how we handle a disagreement and legal action is necessary, the laws of the Republic of Austria will apply without any conflict of laws principles, and Vienna, Austria will be the legal venue.
We want you to be aware that as an EU consumer, you have additional rights when it comes to protecting your interests. You may bring claims arising from EU consumer protection provisions in the EU country where you reside. In addition, you are protected by the mandatory consumer provisions of the law in your EU country of residence.
If any part of these Terms & Conditions is found to be invalid, the remaining provisions shall remain valid and enforceable.
1070 Vienna, Austria
Lomography Asia Pacific Ltd.
Flat B2, 6/F, Block B, Yee Lim Industrial Centre, No2-28 Kwai Lok St
Kwai Chung, Hong Kong
Phone: +852-2525 5417
Fax: +852-2525 5467
68 Jay Street, Suite 415
Brooklyn, NY 11201, USA
Company name: Lomographische GmbH
Commercial register number: FN 134784m
Board of managing directors: Sally Bibawy, Matthias Fiegl-Bibawy
Address: Kaiserstraße 34/12, 1070 Vienna, Austria
Bank details: Unicredit Bank Austria
IBAN: AT28 12000 00417105004
VAT registration number (UID): ATU39069903
We may update these Terms & Conditions from time to time by posting changes on our Websites. As you are bound by these Terms & Conditions, we recommend that you check this page periodically. Additionally, we invite you to carefully read our Community Privacy Statement, which explains how we process your personal data on our Services and Websites and is an essential part of our Terms & Conditions.
We can provide a non-binding translation to your language where needed.
Podemos proporcionar una traducción no vinculante cuando sea necesario.
Nous pouvons fournir une traduction sans valeur légale si nécessaire.
Bei Bedarf bieten wir auch gerne eine unverbindliche Arbeitsübersetzung an.
Se necessario, possiamo fornire una traduzione non certificata e non vincolante.