1. Use of the Services requires that the customer agree to:
ⅰ. Japan, in the case of Members who are not “Nikon ID 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 ID plan” Members.
d. The Services are intended to be provided to a restricted set of countries only, and are not available to users from certain countries not on the selection list during registration.
2. NIKON IMAGE SPACE
Via NIKON IMAGE SPACE, Nikon provides customers the following:
a. image storage (for the period of one year from the date of last login) and upload,
b. display of images uploaded and stored as per the foregoing,
c. sharing of images uploaded and stored as per the foregoing,
d. automatic upload of images from compatible cameras using “SnapBridge”, and
e. any services pertaining to a or b of which customers have been notified on the introduction of or while using NIKON IMAGE SPACE.
II. Access to the Services
The customer may be required to access the Internet in the course of using the Services. 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 the Services 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 the Service 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. The Member agrees that the services provided as a result of registering for the Services are for the Member alone and may not be transferred to his or her heirs or assigns.
6. Nikon shall treat the customer’s member ID as a unique identifier for use in tracking the customer’s purchase history and the like.
IV. Membership Types
1. There are two types of Members: “Nikon ID plan” Members and “Basic plan” Members.
a. “Nikon ID plan” Members
Members whose ownership of a Nikon product supported by the Services has been verified by means of user registration via SnapBridge or on the Nikon website.
b. “Basic plan” Members
Members who have not been confirmed to own a Nikon product supported by the Services.
2. The services available through the Services 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 ID plan” or “Basic plan” Members depending on their country or region of residence.
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 lease, transfer, or offer them as collateral to, or permit them to be used by, third parties.
2. 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 the Services 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 the Services 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. 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 the Services 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).
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 the Services for political campaigns or the like before or during an election or posting Posted Works that violate the Public Offices Election Act.
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 the Services, information, contents, images, video, music or other audio, or any other data or software provided by Nikon to third parties via the Services.
5. 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 using the means provided by the Services.
6. The Member shall comply with any concrete instructions or requests for improvement from Nikon with regard to the use of the Services.
VII. Prohibition of Resale or Commercial Use
The Member is prohibited from employing the Services or any part of the Services for commercial purposes. In particular, NIKON IMAGE SPACE shall not be used for the sale of images or other commercial transactions. The use of the Services for commerce targeting other Members is prohibited. If Nikon judges that a Member’s activities constitute or may constitute using the Services for commerce, it may take actions including stopping the relevant Member’s use of the Services, deleting the relevant Posted Works, or any other measure it deems appropriate (including seeking compensation for damages from the Member).
IX. Service Changes, Storage of Posted Works, and Account Deletion
1. Nikon may, at any time and without prior notice, alter, suspend, or discontinue the services provided by the Services as it sees fit.
2. Nikon shall bear no responsibility for any disadvantage or damage suffered by the Member as a result of alternations to, or suspension or discontinuation of, the Services.
3. Nikon shall bear no responsibility for the deletion or continued storage of the Member’s Posted Works due to changes to the Services or such factors as error in the operation of or damage to Nikon’s equipment, system, or network.
X. No Warranty
1. Although it has made every effort to ensure that the Services and their contents 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 the Services is at the Member’s own risk. The Member is solely responsible both for any content (including images the Member has posted from NIKON IMAGE SPACE) acquired via the Services 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 the Services, 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 the Services are 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).
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 the Services,
b. use of or inability to use the Services, or
c. use of or inability to use the contents of the Services.
2. Nikon shall provide the Services on an “as is” basis and shall bear no responsibility whatsoever for damages stemming from the content available from the Services 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 services Nikon provides through the Services.
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 the Services or to any other cause.
5. Nikon shall not be responsible for providing compensation to the Member in the event the Services are suspended, discontinued, or altered.
6. Nikon shall not bear responsibility for damage to, or loss or theft of, Posted Works.
7. Nikon shall bear no responsibility for damages arising from computer viruses or the like contracted by downloading content from or otherwise accessing the Services or external websites.
8. Any and all transactions made through the Service 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.
XII. 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 third parties, or discontinue service if:
a. a claim is received from a third party regarding a Posted Work,
b. Nikon judges the Member to be interfering with the operation of the Services,
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. Nikon judges it necessary for the operation of the Services.
XIII. Attachment of Intellectual Property Rights
1. The copyright (including the rights to digital data) to all Posted Works that are his or her original creation attaches to the Member.
2. The Member shall not exercise his or her rights against Nikon with respect to Posted Works. The rights to all information, content, images, video, music and other audio, and all other information presented on or software obtained via the Services (including that appearing in combination with or incorporated into Posted Works) attach 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 the Services.
XIV. Secure Communication
Nikon recommends that the Member protect the contents of traffic with the Services by using cryptographic communications protocols (SSL/TLS) wherever possible.
Minors registering for the Services are requested to obtain the permission of their legal guardian.
XVI. Sharing and Publishing Images
Given that the image sharing and publishing features offered by the Services make the Posted Works visible to third parties, the privacy of Members who use these services cannot be guaranteed.
1. The Services may include links to external websites and resources (referred to below as “External Sites”); similarly, the Services 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.
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.
XIX. Ceasing Use of the Services
2. Nikon may at its own discretion terminate provision of the Services immediately and without prior notice or warning should it determine that the Member has or is likely to have:
b. provided false or erroneous member information,
c. been deemed to have left the e-mail address provided as a member ID unused for a long period,
d. died, or
3. For customers who are Basic plan Members, those who have not logged in for one (1) year
4. Nikon reserves the right to erase at its own discretion and without prior notice all data stored in the accounts of Members who have terminated use of the Services, including member IDs, member information, Login Information, personal information, and Posted Works.
XX. Severability and Language
XXI. Governing Laws and Jurisdiction
1. Any dispute arising in relation to the Services shall be resolved under the laws of Japan.
2. The Tokyo District Court shall have exclusive jurisdiction of the first instance over all such disputes.
Effective as of: February 22, 2016
Revised: October 15, 2017
Revised: July 3, 2018