These Terms of Use (referred to below as the “Terms of Use”) stipulate the terms and conditions attaching to the use of NIKON IMAGE SPACE, which is operated by Nikon Corporation (referred to below as “Nikon”). Use of NIKON IMAGE SPACE requires acceptance of the Terms of Use.
I. The Structure of These Terms of Use in Relation to the NIKON IMAGE SPACE
1. Use of the NIKON IMAGE SPACE requires that the customer agree to:
a. all of these Terms of Use.
b. Customers who for any reason find themselves unable to agree to the Terms of Use shall be prohibited from using NIKON IMAGE SPACE. NIKON IMAGE SPACE is operated in Japan by Nikon, a Japanese company, and when using this service customers store and process image data on servers located in Japan. Customers should note that locations of the servers on which other data are stored or processed varies by membership type as shown below.
ⅰ. Japan, in the case of Members who are not “Nikon product owners plan” Members, or
ⅱ. Japan, the United Kingdom, the Republic of Ireland, or the United States of America in the case of Members who are “Nikon product owners plan” Members.
c. The services are intended to be provided to a restricted set of countries and/or regions only, and are not available to users from certain countries and/or regions not on the selection list during registration.
2. NIKON IMAGE SPACE
Via NIKON IMAGE SPACE, Nikon provides customers the following functions:
a. uploading and storing images,
b. displaying and organizing uploaded and stored images as per the foregoing,
c. sharing uploaded and stored images as per the foregoing, and
d. automatically uploading images from compatible cameras using “SnapBridge”.
II. Access to NIKON IMAGE SPACE
The customer may be required to access the Internet in the course of using NIKON IMAGE SPACE. In this event, the customer shall supply the necessary hardware, software, network equipment, and the like at his or her own responsibility and expense and install and operate them appropriately. Nikon shall in no way be held responsible for the provision of equipment, means, or the like for Internet access and shall not bear any part of its cost.
III. User Registration
1. Customers using NIKON IMAGE SPACE shall register using the procedures stipulated by Nikon (customers who have completed the registration process are referred to below as “Members”).
2. Each customer may register for one and only one membership.
3. The customer shall provide accurate information when registering, and the registration may be invalidated in whole or in part should the information provided be judged to be false.
4. The rights of Members to use and register for NIKON IMAGE SPACE and any rights related to the user IDs (in the form of user e-mail addresses) and passwords of registered users may not be transferred, leased, reassigned, or offered as collateral to third parties.
5. Nikon shall treat the member ID as a unique identifier of the Member, and shall use this member ID in managing the customer’s registration information.
IV. Membership Types
1. There are two types of Members: “Nikon product owners plan” Members and “Basic plan” Members.
a. “Nikon product owners plan” Members
Members whose ownership of a Nikon product supported by NIKON IMAGE SPACE has been verified by means of user registration via SnapBridge or on the Nikon website.
The member IDs of “NIKON product owners plan” Members are referred to as Nikon IDs. Nikon IDs are used for purposes of authenticating access to and managing registration information for the services operated by Nikon on behalf of customers who hold Nikon IDs. Registration information includes information on Members’ registered products (including camera information uploaded when customers register for a new Nikon ID via SnapBridge).
b. “Basic plan” Members
Members who have not been confirmed to own a Nikon product supported by NIKON IMAGE SPACE.
2. The services available through NIKON IMAGE SPACE to the types of Members set forth in the foregoing clause shall be as separately stipulated by Nikon. Note that some services may not be available to “Nikon product owners plan” or “Basic plan” Members depending on their country or region.
V. Management of Login Information
1. The Member assumes responsibility for managing his or her member ID and password (referred to below as “Login Information”) at his or her own expense and shall not disclose, lease, transfer, sell, or offer them as collateral to, or otherwise permit them to be used by, third parties.
2. The Member agrees that the rights granted as a result of registering for NIKON IMAGE SPACE are for the Member alone and may not be transferred to his or her heirs or assigns.
3. Should the Member’s information change, or should the Member discover or suspect that his or her Login Information has been revealed to a third party, the Member shall without delay update his or her member information or change his or her Login Information.
4. The Member shall be responsible for all damages arising from unauthorized access to or theft of his or her own, Nikon’s, or other Members’ personal information or its unauthorized use by third parties, and Nikon shall not bear any responsibility for such damages.
VI. Member Responsibilities
1. The user is responsible for all content, including text and other writings, images, data, software, music and other audio, drawings, and videos, posted or otherwise published (below, “post”, “posts”, “posting”, “posted”) using NIKON IMAGE SPACE or via the Internet (including but not restricted to images uploaded to NIKON IMAGE SPACE and shared with others, referred to below as “Posted Works”).
2. The Member should be aware that in using NIKON IMAGE SPACE they may be subject to fines or other sanction for any legal violations or to demands for compensation from copyright holders, particularly in respect to the posting of copyrighted material and the like. Nikon shall not assume any burden on the part of the Member nor intervene in disputes between the Member and rights holders.
3. Nikon will not contact rights holders to obtain their permission or consent in the event that the Member posts Posted Works to which he or she does not hold the rights. Consequently, should the Member post on NIKON IMAGE SPACE Posted Works to which he or she does not hold the rights, the Member is responsible for contacting, and taking all necessary steps to prevent disputes with, the rights holder (including holders of copyrights and portrait rights).
4. With the aim of preventing illegal acts and ensuring the smooth operation of NIKON IMAGE SPACE, Nikon prohibits Members from performing any of the following acts (acts prohibited in the Terms of Use are collectively referred to below as “Prohibited Acts”). Should Nikon judge that the Member’s actions fall into, or are likely to fall into, the category of these Prohibited Acts, Nikon will suspend the affected Member’s access, delete the relevant Posted Works, or take any other measures that it deems necessary. Any member who performs Prohibited Acts or violates the Terms of Use or like agreements shall compensate Nikon for any loss, liabilities, claims, costs (including legal fees), or other damages so incurred.
a. Posting Posted Works that violate the law, infringe others’ rights, cause others economic or psychological hardship, contain threats, damage others’ reputations or credit, violate others’ rights to privacy or publicity, abuse or slander others, are immoral, obscene, or indecent, elicit feelings of disgust, encourage ethnic or racial discrimination, or are otherwise ethically questionable.
b. Posting Posted Works for which the Member does not have posting rights.
c. Posting Posted Works that infringe intellectual property rights (including but not restricted to patent rights, utility model rights, design rights, trademark rights, and copyright).
d. Posting Posted Works that include computer viruses, computer code, files, or programs that are designed to interfere with, damage, or impair computer software, hardware, or network functions.
e. Using NIKON IMAGE SPACE for political campaigns or the like before or during an election or posting Posted Works that violate the Public Offices Election Act.
f. Overburdening, impeding, or disrupting NIKON IMAGE SPACE or the servers to which they are connected, or failing to observe conditions on the use of, or the correct operating procedures, terms of use, or rules for, networks used to access NIKON IMAGE SPACE.
g. Wittingly or unwittingly performing illegal acts.
h. Stalking or otherwise harassing third parties by any means whatsoever.
i. Gathering or aggregating, or attempting to gather or aggregate, the personal information of other Members.
j. Distributing unsolicited, spam, bulk, or chain messages or soliciting other Members.
k. Employing for any purpose, other than using NIKON IMAGE SPACE, information, contents, images, video, music or other audio, or any other data or software provided by Nikon to third parties via NIKON IMAGE SPACE.
l. Engaging in any other activity Nikon deems inappropriate (for example, political or religious activities or pyramid schemes or the like).
5. The Member shall comply with any concrete instructions or requests for improvement from Nikon with regard to the use of NIKON IMAGE SPACE.
VII. Prohibition of Resale or Commercial Use
The Member is prohibited from employing NIKON IMAGE SPACE or any part of NIKON IMAGE SPACE for commercial purposes. In particular, NIKON IMAGE SPACE shall not be used for the sale of images or other commercial transactions. Should the Member engage in activities that constitute commercial use of NIKON IMAGE SPACE, or should Nikon judge that they are likely to do so, Nikon may take actions including suspending the relevant Member’s use of NIKON IMAGE SPACE, deleting the relevant Posted Works, or any other measure it deems appropriate (including seeking compensation for damages from the Member).
VIII. Service Changes, Storage of Posted Works, and Account Deletion
Nikon may, at any time and without prior notice, alter, suspend, or discontinue the NIKON IMAGE SPACE service as it sees fit.
IX. No Warranty
1. Although it has made every effort to ensure that the contents of NIKON IMAGE SPACE are free from flaws, Nikon makes no warranty or guarantee, either explicit or implicit, that they are accurate, current, useful for any particular purpose, or free from flaws or the like.
2. Use of NIKON IMAGE SPACE is at the Member’s own risk. The Member is solely responsible both for any content (including Posted Works the Member has posted from NIKON IMAGE SPACE) acquired via NIKON IMAGE SPACE by download or other means and for the act of acquiring said content, whether by download or other means. Nikon does not grant the Member any license whatsoever to the contents of NIKON IMAGE SPACE, be it license for copyright, patent rights, trademark rights, or other intellectual property rights.
3. Although the Member is permitted access to a prescribed amount of storage on registering, Nikon makes no guarantee that NIKON IMAGE SPACE is capable of providing the requisite storage. Nikon recommends that Members maintain separate back-up copies of all their Posted Works (particularly of images Members have themselves posted to NIKON IMAGE SPACE).
X. Disclaimer and Limitation of Liability
1. Nikon shall bear no responsibility whatsoever for any damages, whether direct or indirect, suffered by the Member arising from:
a. access to or inability to access NIKON IMAGE SPACE,
b. use of or inability to use NIKON IMAGE SPACE, or
c. use of or inability to use the contents of NIKON IMAGE SPACE.
2. Nikon shall provide NIKON IMAGE SPACE on an “as is” basis and shall bear no responsibility whatsoever for damages stemming from the content available from NIKON IMAGE SPACE or its accuracy, legality, or morality or from the existence or non-existence of granted rights.
3. Nikon shall bear no responsibility for conflicts between the Member and third parties (including but not limited to defamation, insult, invasion of privacy, infringement of publicity rights, and abuse) on the services Nikon provides through NIKON IMAGE SPACE.
4. Nikon shall bear no responsibility for damages arising from delayed or undelivered electronic mail or other messages or loss of or damage to Posted Works, whether due to malfunction of the computer systems involved in the operation of NIKON IMAGE SPACE or to any other cause.
5. Nikon shall not be responsible for providing compensation to the Member in the event that NIKON IMAGE SPACE or any of the services or content it offers is altered, suspended, or discontinued.
6. Nikon shall bear no responsibility for the deletion or storage of the Member’s Posted Works due to changes to NIKON IMAGE SPACE or such factors as error in the operation of or damage to Nikon’s equipment, system, or network.
7. Nikon shall not bear responsibility for damage to, or loss or theft of, Posted Works.
8. Nikon shall bear no responsibility for damages arising from computer viruses or the like contracted by downloading content from or otherwise accessing NIKON IMAGE SPACE or external websites.
9. Any and all transactions made through NIKON IMAGE SPACE among Members and between the Member and third parties shall be made at the sole responsibility of the Members and third parties involved, and Nikon shall bear no responsibility for transactions among Members or between the Member and advertisers, or any other form of transaction involving Members or third parties.
XI. Nikon’s Rights as an Administrator
Nikon shall bear no responsibility for supervising Posted Works. Nevertheless, Nikon may at its own discretion delete Posted Works or verify or record their contents, disclose them to third parties, or alter, suspend, or discontinue NIKON IMAGE SPACE service if:
a. a claim is received from a third party regarding a Posted Work,
b. the Member is deemed to be interfering with the operation of NIKON IMAGE SPACE,
c. Nikon has been so ordered by a court or other body of the state,
d. such an act is necessary to protect the rights of Nikon or third parties, or
e. such an act is otherwise deemed necessary for the operation of NIKON IMAGE SPACE.
XII. Attachment of Intellectual Property Rights
1. The copyright (including the copyright to digital data) to all Posted Works that are his or her original creation shall belong to the Member.
2. The Member shall grant to Nikon a non-exclusive, fully paid and royalty-free, worldwide license for providing services set forth in Article I. 2. to use (including but not restricted to copy, modification, and public transmission) the Posted Works which the Member posts. The Member shall not exercise his or her moral rights in relation to Posted Works against Nikon.
3. The rights to all information, content, images, video, music and other audio, and all other information presented on or software obtained via NIKON IMAGE SPACE (including that appearing in combination with or incorporated into Posted Works) shall belong to Nikon or to third parties who have granted Nikon permission under contract, and the Member is permitted to access and use said content exclusively for personal purposes in accord with the goals of NIKON IMAGE SPACE.
XIII. Secure Communication
Nikon recommends that the Member protect the contents of traffic with NIKON IMAGE SPACE by using cryptographic communications protocols (SSL/TLS) wherever possible.
XIV. Minors
Minors registering for NIKON IMAGE SPACE are requested to obtain the permission of their legal guardian.
XV. Sharing and Publishing Images
Please note that when Members use the image sharing and publishing functions in NIKON IMAGE SPACE service, their Posted Works become visible to third parties, and the privacy of the Members pertaining to the shared and published images cannot be guaranteed in this case.
XVI. Links
1. Nikon may include links to external websites and resources (referred to below as “External Sites”) in NIKON IMAGE SPACE; similarly, NIKON IMAGE SPACE may include links to External Sites posted by Members or other third parties. External Sites are not administered by Nikon but are the responsibilities of the corporations or individuals that administer and operate them, and Nikon makes no warranty as to their contents.
2. When accessing External Sites, the Member is asked to review their terms of use and privacy policies. Nikon shall bear no responsibility for the content of External Sites or for damages arising from their use.
XVII. Notifications
1. Should it be necessary for Nikon to contact the Member, Nikon shall in principle direct notices to the e-mail address provided by the Member as his or her member ID.
2. There may be some delay before changes to the Member’s subscription status, e-mail address, and the like take effect as dictated by the operation of the system.
3. Members and customers wishing to contact Nikon may do so using the contact information below.
1. The Member may delete his or her account and cease use of NIKON IMAGE SPACE at any time by performing the process for deleting his or her account.
Note, however, that some time may be required for deletion of an account to be reflected in the system.
2. Nikon may at its own discretion delete the account of any Member of NIKON IMAGE SPACE immediately and without prior notice or warning if the Member:
a. is deemed to have violated, or to be likely to violate, the Terms of Use,
b. is found to have supplied false or erroneous information on registering,
c. in case it is deemed that the Member has left the e-mail address registered as a member ID disabled for a long period,
d. dies, or
e. does not log in for five (5) full years.
The following will be deleted or invalidated by deleting an account:
• Member account
• All registered member information, Authentication information, and personal information
• All data, including image and movie data, stored in the Member account
• All rights, including the right to receive updates by e-mail or by other means and rights pertaining to surveys or campaign (including rights awarded or purchased while still a Member)
XIX. Limitations on Liability Disclaimers
Some jurisdictions may not recognize specific disclaimers of liability or warranty. In such cases, Nikon claims the maximum exemption of liability or warranty recognized under the applicable legislation.
XX. Prohibition of Transfer of Rights
Save in cases in which prior permission has been granted by Nikon, Members shall not transfer, assign, or offer as collateral to third parties any rights granted on the basis of or deriving from their status as Members.
XXI. Disclaimer of Waiver
Any failure by Nikon to enforce its rights under, or the provisions of, the Terms of Use shall not be construed as a waiver of said rights or provisions.
XXII. Severability
Should any clause of these Terms of Use be deemed unenforceable under the laws or regulations governing NIKON IMAGE SPACE, the remaining clauses shall be unaffected and shall remain in force.
XXIII. Changes to the Terms of Use
1. Nikon may at its own discretion revise the Terms of Use for any of the following reasons:
a. It would benefit the general membership.
b. It would not interfere with the operation of NIKON IMAGE SPACE or be inconsistent with its goals and could in addition be held to be reasonable in light of necessity, the need for consistency in the edited content, or factors relating to other content changes.
2. Nikon shall, by e-mail and through notices posted to NIKON IMAGE SPACE, inform members of changes to the Terms of Use made per the preceding clause, their content, and the date on which they are to take effect.
3. Continuing to access NIKON IMAGE SPACE on or after the date on which the changes are due to take effect shall be held to constitute agreement to the revised to Terms of Use.
XXIV. Continuation of Effect
The Terms of Use shall continue to apply to Members even after they have deleted their accounts.
XXV. Governing Laws and Jurisdiction
1. These Terms of Use are to be established, validated, executed, and interpreted under the laws of Japan.
2. The Tokyo District Court shall have exclusive jurisdiction of the first instance over all disputes arising in relation to these Terms of Use.