2.1. Upon use of the free of charge services of Rollei Cloud this does not involve a binding contract, but merely a non-binding courtesy relationship.
2.2. The free of charge user relationship with regard to Rollei Cloud comes about through an online registration of the USER on https://www.rollei-cloud.de and the confirmation of registration sent by Rollei by e-mail. The free of charge user relationship comes about with Rollei GmbH & Co. KG, In de Tarpen 42, 22848 Norderstedt / Germany.
2.3. Each USER may set up only one access to Rollei Cloud. Rollei shall be entitled to deny further attempts at registration and to deactivate additional registrations at any time.
2.4. The communication between Rollei and the USER takes place exclusively by e-mail. It is a matter for the USER to regularly call up the e-mail address entered when registering in Rollei Cloud and also to use SPAM filters to ensure that e-mails sent out by Rollei can be read.
3.1. Where the USER wishes to use Rollei Cloud as a paid service after the end of the first free month of usage, he must enter into a respective agreement with Rollei. USERS must complete a respective booking process in the registration section for this purpose. Rollei will inform USERS in good time by email that further payment through PayPal is required for further paid use of Rollei Cloud.
3.2. After successful online registration at https://www.rollei-cloud.de, users can also sign up for a chargeable subscription for saving photos taken with the Rollei surveillance cameras to Rollei Cloud at https://www.rollei-cloud.de. This involves a chargeable contractual relationship.
3.3. After successful online registration, the USER must select the registered Rollei surveillance camera to select a chargeable subscription agreement and instigate the booking process by adding a recorder. The USER is then transferred to the PayPal booking and payment process at www.paypal.com. The USER must be in possession of a PayPal account and close the booking by clicking on the button "Buy now". After successful completion of the booking and payment process via PayPal, the contract comes about by clicking on the button "Agree and pay".
3.4. The USER can correct entry errors via the buttons available. During the booking process, the USER can correct entry errors using the backspace key or the “Delete” key. The booking process can be aborted by closing the browser window.
3.5. Contracts are signed with Rollei GmbH & Co. KG, In de Tarpen 42, 22848 Norderstedt / Germany.
3.6. The contract language is German.
5.1. Generally, Rollei Cloud is available 24/7 and Rollei endeavors to provide maximum availability but Rollei cannot guarantee uninterrupted accessibility nor uninterrupted availability or certain average availability throughout the year or during certain periods for all services. Maintenance work, further development or faults can temporarily restrict or interrupt the potential use of Rollei Cloud even where such use has been paid for. This can, under certain circumstances also lead to loss of data. It is the duty of the USER to correctly backup all data processed and stored on Rollei Cloud.
5.2. Rollei Cloud offer three free services:5.2. As a rule, the Rollei Cloud is available 24 hours daily, but Rollei can accept no guarantee either for uninterrupted reachability or for uninterrupted availability of all services.
The GPS Tracker in Rollei products allows the geographical position and thus any route travelled to be determined and saved. The data determined by the GPS Tracker will be saved in the Rollei Cloud free of charge.
Control of the Rollei products via a Wi-Fi socket:
Html.Raw(The control of Rollei products and other products via a Wi-Fi socket is possible free of charge through Rollei Cloud.)
Remote access to the Rollei surveillance cameras
Remote access by the CUSTOMER to the registered Rollei surveillance cameras as part of Rollei Cloud is possible free of charge.
Saving of photos and videos
Photos and videos recorded by Rollei products can be saved against presentation of a voucher or after taking out a paid subscription. The photos and videos will be saved for a period of 14 days and can be downloaded by the USERS from the Cloud. Afterwards, the photos and videos will be deleted automatically (so-called Loop Function).
5.3. The USER has no right to any defined availability of the free of charge Rollei Cloud.
5.4. The USER undertakes to set up orderly saving of the data processed and/or saved in Rollei Cloud. Rollei will not save the USER’s data.
6.1. The prices valid on the day of ordering apply as displayed on the website https://www.rollei-cloud.de .
6.2. The prices displayed on the website https://www.rollei-cloud.de_x000D_ are stated in Euros and include the statutory value-added tax.
6.3. To the extent goods are shipped to other EU countries, Rollei will always state the value-added tax incurred in its percentage and actual amount when billing. Any refund of the value-added tax amount to customers with VAT ID numbers shall be precluded.
6.4. The chargeable subscription agreement has a minimum term of one month. It renews automatically for a period of one further month unless the subscription contract is cancelled on a timely basis in the Rollei login area or in the context of the PayPal account by performing the function planned for that purposes.
7.1. Rollei accepts the payment methods PayPal and Rollei voucher.
7.2. For payment, the USER must have a PayPal account and identify himself with his login data. The USER must then go through the PayPal payment process and confirm the payment to Rollei.
Users are entitled in principle to a statutory right of revocation. The legal rulings on any existing right of revocation are included only in the information on revocation, which the USER can retrieve as part of the ordering process.
9.1. The USER shall answer the questions posed in the online registration truthfully and report any changes of that information to Rollei without delay.
9.2. The USER shall keep his password, his user name and any data that may permit unauthorized access to Rollei Cloud secret and change them, or have them changed by Rollei, if there is reason to suspect that unauthorized third parties may have accessed these.
9.3. The USER undertakes to inform Rollei of any suspected abuse of the access data for Rollei Cloud forthwith by e-mail to firstname.lastname@example.org in order to have the access to Rollei Cloud blocked. The USER shall also be liable for third parties who, on an authorised or unauthorised basis, are using or have used his user account. This shall not apply if the USER is not responsible for any unauthorized use. It is a matter for the user to prove that he is not responsible for any such use.
10.1. To the extentRollei makes memory space available to the USER within the context of use of the Rollei Cloud, the USER is responsible for the contents saved.
10.2. The USER shall indemnify Rollei for third-party claims based on the saved content (e.g. due to infringement of copyright or brand rights), unless it is not responsible for them
10.3. The USER undertakes not to abuse the Rollei Cloud, and in particular
- not to intervene in telecommunication networks
- not to infringe upon national or international protective rights (e.g. copyright, brand rights)
- not to breach criminal law, in particular §§ 184 ff. of the German Criminal Code (StGB – dissemination of pornographic texts), §§ 86 f. StGB (dissemination of propaganda of unconstitutional organisations), § 111 StGB (public calls to commit criminal offences) , § 129a Abs. 3 StGB (advertising for an terrorist association), § 130 StGB (stirring up hatred), § 130 a StGB (instruction to commit criminal offences), § 201a StGB (violation of intimate life sphere through recorded images) and not to breach regulations to protect juveniles and not to transmit or refer to content including defamatory or otherwise unlawful and immoral content.
10.4. The USER shall ensure that, for the data processed by Rollei Cloud, which show a person other than himself, he has the consent of the person shown both for production of the image and for its publication and/or processing in the Rollei Cloud. In the case of photos relating to the intimate life sphere - in particular nude photos – the USER shall previously obtain the written consent of the person(s) shown and submit same to Rollei on request.
10.5. The USER shall be liable vis-à-vis Rollei for damages incurred by Rollei due to breaches of his duties as set out above (number 9 and/or 10) and shall indemnify Rollei for any such claims of third parties. This shall not apply if he is not responsible for the breach. It is a matter for the USER to prove that he is not responsible for the breach.
11.1. The rights of the USER to compensation for damages or reimbursement of expenses incurred in vain against Rollei shall, regardless of the legal nature of the claim, be based upon the following provisions.
11.2. The liability of Rollei shall – regardless of the legal grounds – be precluded unless the cause of the damage is based on malicious intent and/or gross negligence on the part of Rollei or the employees, the representatives or vicarious agents of Rollei. To the extent the liability of Rollei is precluded or limited, that shall also apply to the personal liability of employees, representatives and vicarious agents of Rollei.
11.3. Rollei shall be liable as provided for by law for damages ensuing from injury to life, limb or health based on any intentional, grossly negligent or negligent breach of duty by Rollei or by a legal representative or vicarious agent of Rollei.
11.4. The liability of Rollei under the German Product Liability Act (§ 14 ProdHG) shall remain unaffected.
12.1. The USER can delete his user account at any time, thereby ending the free of charge user relationship for the Rollei Cloud. Payments already made shall not be reimbursed in this case.
12.2. Rollei shall be entitled to stop the operation of Rollei Cloud at any time without giving any reasons. Rollei shall in this case inform the USER, giving at least 30 calendar days notice, of the cessation of Rollei Cloud by email to the email address supplied by the user during registration.
12.3. Rollei shall be entitled to block access by the USER to the Rollei Cloud at any time without prior notice if the contents saved by the USER in the Rollei Cloud contain unlawful or immoral content or the USER uses the Rollei Cloud contrary to the above provisions of sections 9ff and 10ff.
12.4. Rollei also reserves the right to terminate the free of charge user relationship for Rollei Cloud due to inactivity. In any such case, the following shall apply: If the USER has not logged on with his user name and password to his Rollei Cloud user account for more than 180 calendar days, Rollei can delete the Rollei Cloud user account of the USER with all associated data. The USER shall be informed by email to the email address of the user provided during online registration at least 30 calendar days prior to the intended deletion.
12.5. With that deletion, the free of charge user relationship ends.
13.1. Rollei takes all technical and organizational measures necessary to guarantee the security of the USER’s data in Rollei Cloud.
13.2. The data in Rollei Cloud are saved in encrypted form, so Rollei has no access to data saved by the USER.
13.3. The data transmission when using the Live Video transmission is unencrypted. Rollei does not save data.
13.4. The Rollei Cloud is operated by Rollei only in data centres in Germany.
14.1. CUSTOMERS who are consumers within the meaning of § 13 German Civil Code (BGB) have the possibility in the event of a dispute to carry out an online arbitration procedure involving a recognized arbitration body on the EU Portal “Your Europe” (http://europa.eu/youreurope/citizens/index_de.htm). To do so, they can use the Online Arbitration Platform of the EU under the URL: http://ec.europa.eu/consumers/odr/.
14.2. The Online Arbitration Procedure is not a compelling condition for calling on the ordinary courts, but represents an alternative option to resolve differences that can arise within the context of a contractual relationship.
14.3. Other national regulations on conducting arbitration procedures shall remain unaffected by the provisions above in numbers 14.1 and 14.2.
15.1. Rollei shall be entitled to use vicarious agents for the operation of Rollei Cloud.
15.2. The law of the Federal Republic of Germany shall apply under exclusion of UN purchasing law.
15.3. In the case of USERs who are consumers, the above choice of law applies only to the extent that the protection granted is not withdrawn by compelling provisions of the law of the state in which the consumer has his usual abode.
15.4. If the USER is a merchant, a legal entity under public law or a special asset under German law, the sole place of jurisdiction for all disputes under this contract is the place of business of Rollei in 22848 Norderstedt / Germany.
15.5. The same shall apply if the USER is an entrepreneur and has no general place of jurisdiction in Germany or its domicile or usual place of abode is unknown at the time of filing suit. The right of Rollei to also call upon the court at another statutory place of jurisdiction shall remain unaffected thereby.
Customers Consumer i.S.d. § 13 BGB, can in case of dispute on the EU portal 'Your Europe' (http://europa.eu/youreurope/citizens/index_de.htm) from the 01.09.2016 an online arbitration process perform with the assistance of a recognized arbitration body. For this purpose, they can be the EU's online mediation platform under the URL: http://ec.europa.eu/consumers/odr use. The online mediation process is not a mandatory requirement for Call competent ordinary courts, but provides an alternative way is to eliminate differences that may occur in the context of a contractual relationship.