Information Policy.
Nikon collects certain information (e.g., name and e-mail address) that is necessary to maintain NikonNet. This information is collected from all users. Nikon collects other information (e.g., mailing address or telephone number) so that Nikon may more efficiently communicate with users when necessary. While Nikon requests that users provide this information, it is not required. Occasionally, Nikon also attempts to collect demographic data from users (e.g. job, title, age, etc.). This information is utilized by Nikon and by our advertisers to target their advertisements. It is not required for NikonNet use and should be submitted at the user's discretion. Nikon may track your use of NikonNet and any information that any user has provided. On occasion, Nikon may also use and/or provide your identification information (excluding your credit card number) to third parties that Nikon feels may have information of interest to you.
Ownership and Rights to Use Content.
You represent and warrant that you are the sole owner of all rights in Content shared by you (including all related copyrights) or that you have the absolute right and license to said Content as provided in this section. While you will retain ownership of the copyright or license in the Content posted or shared by you, you agree that all Content posted or shared by you shall become part of a database in NikonNet, and that Nikon will own the database and copyright in any derivative works based on the Content. In addition, you warrant that all rights including so-called moral rights, privacy rights and publicity rights in the Content are waived. Neither Nikon nor any third party using the Content in accordance with this section will be obligated to pay you any royalties or other compensation for use of any Content.
Indemnification.
You agree to indemnify, hold harmless and defend Nikon, its officers, directors, employees, agents, successors, parent, subsidiaries, licensors, licensees, and assigns (collectively "Indemnified Parties") from and against any and all claims, damages, losses, costs and liabilities (including without limitation reasonable attorneys' fees and court costs) arising out of or related to any breach of these terms and conditions of use by you or anyone acting under your direction, authority and control, including without limitation the publication, distribution, exhibition or other use of the Content shared by you or by anyone using your password.
Release.
You forever release and waive your right, and that of your minor offspring, assigns and successors, to bring suit against Nikon and any Indemnified Parties for any injury or damage allegedly arising from NikonNet or your use of NikonNet including without limitation any injury or damage you may suffer as the result of viewing, uploading, sharing, or downloading any Content at NikonNet. Notwithstanding California Civil Code Section 1542, which provides that "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," you agree to release any and all claims you have or may have against Nikon as a result of your use and/or continued use of NikonNet, whether known or unknown and to waive this Section and the benefits thereof and of any similar statute, rule or authority.
Warranty Disclaimer.
THE MATERIALS, CONTENT, FUNCTIONS, SOFTWARE MATERIALS, SERVICES AND PRODUCTS OF NIKONNET ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, YOUR USE OF NIKONNET IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WITH RESPECT TO THE CONTENT ON NIKONNET NIKON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NIKON DOES NOT WARRANT THAT ANY PART OF NIKONNET WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIKON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, CONTENT FUNCTIONS, SERVICES OR PRODUCTS OF NIKONNET IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NIKON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
NIKON DOES NOT WARRANT OR GUARANTEE THE ACCURACY, QUALITY, SUBJECT OR LEGALITY OF ANY CONTENT MADE AVAILABLE THROUGH NIKONNET BY NIKONNET MEMBERS AND/OR GUESTS. THE USE, DISTRIBUTION, OR PUBLICATION OF ANY CONTENT WITHIN NIKONNET DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT BY NIKON OF SUCH CONTENT, OR OF ANY OPINIONS OR COMMENTS CONTAINED IN SUCH CONTENT.
NIKON EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THIRD PARTIES NOT ASSOCIATED WITH NIKON. NIKON CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST NIKON WITH RESPECT TO SUCH SITES.
NIKON CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM A THIRD-PARTY SITE THAT LINKS TO OR FROM NIKONNET. NIKON DOES NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAS NIKON TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN SUCH THIRD-PARTY SITES. NIKON DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY RELEASE AND WAIVE ANY CLAIM AGAINST NIKON WITH RESPECT TO SUCH SITES.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NIKON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT OF YOUR USE OR INABILITY TO USE NIKONNET, ANY OF NIKONNET'S CONTENT, SERVICES, FUNCTIONS, PRODUCTS AND/OR ANY RELATED SOFTWARE, EVEN IF NIKON OR AN AUTHORIZED NIKON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NIKON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE NIKONNET WEB SITE OR $ 50.00.
Termination.
NIKON RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO NIKONNET AT ANY TIME FOR VIOLATION OF THESE TERMS AND CONDITIONS OF USE OR THE LAW, OR AS NIKON OTHERWISE DEEMS APPROPRIATE WITHOUT NOTICE, WITHOUT CAUSE AND WITHOUT LIABILITY. NIKON MAY DISCONTINUE ITS SERVICES PROVIDED BY NIKONNET AT ANY TIME WITHOUT NOTICE, WITHOUT CAUSE AND WITHOUT LIABILITY. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON THE CONTINUATION OF THESE SERVICES IS UNREASONABLE GIVEN THE RIGHT OF NIKON TO TERMINATE SERVICES OR YOUR MEMBERSHIP FOR ANY REASON AT ANY TIME WITHOUT NOTICE, WITHOUT CAUSE AND WITHOUT LIABILITY. UPON TERMINATION OF NIKONNET BY NIKON, YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT AND INFORMATION MAY BE DISPOSED OF BY ANY MEANS AS DETERMINED BY NIKON IN ITS SOLE DISCRETION. UPON TERMINATION BY ANY PARTY, YOU MUST DESTROY OR PERMENANTLY DELETE ALL MATERIALS OR CONTENT OBTAINED FROM NIKONNET.
Amendment.
Nikon retains the right to change, amend, add to, or delete any of the terms and conditions of use of NikonNet from time to time, and at anytime without notice, and your continued use of NikonNet constitutes your acceptance of such amendments, changes, additions or deletions. If you find changes in these terms in some way that are unacceptable, you agree to discontinue your use of NikonNet.
General.
You agree that the terms and conditions of use of NikonNet and any dispute relating to them, NikonNet or any Content used in connection with NikonNet will be governed by and construed in accordance with the laws of the United States and the State of New York, as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents, without regard to its conflicts of law and without regard to the United Nations Convention on Contracts for the Sale of Goods, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that these terms and conditions of use will be enforceable by us and our successors and assigns against you and your heirs, minors successors, and assigns. You agree that if any provision within the terms and conditions of use of NikonNet are found to be void or unenforceable, it will not affect the validity of the balance of the terms and conditions of use of NikonNet, which remain valid and enforceable. The terms and conditions of use of NikonNet and any additions made thereto by Nikon as posted are the entire agreement between the parties and supercede in their entirety any and all written or oral agreements previously existing between the parties. The terms and conditions of use of NikonNet and any additions made thereto by Nikon as posted cannot be amended except as set forth above. No waiver by either party, whether expressed or implied, of any provision of the terms and conditions of use of NikonNet and any additions made by Nikon as posted, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of the terms and conditions of use of NikonNet.
Export Controls.
You agree not to download any Content, services or software from NikonNet or otherwise export or re-export into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country which the United States has embargoed goods or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any Content, services or software from NikonNet, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or national or resident of any such country or on any such list.
References.
All references to "us", "our", "NikonNet" and "Nikon" in these terms and conditions of use are intended to refer to Nikon Inc. and its parent and affiliate entities. All references to "you", "your" and "user" in these terms and conditions of use are intended to refer to the user who accepts these terms and conditions of use by using NikonNet.
Notices.
All notices in connection with NikonNet and these terms and conditions of use shall be sent via e-mail. Any e-mail notice shall be deemed received when it is sent whether or not the e-mail notice has been read or opened.
