Terms and Conditions of Use
These Terms and Conditions of Use (the “Terms”) are only applicable to the Nikon Lenswear Web Site (the “Website”) operated and managed by Nikon Optical USA and affiliated companies (“Nikon”).
By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and accepted all of the Terms. If you do not agree to these Terms, you may not use the Website.
Limitation of Use (Copyright and Trade-marks)
Material on this Website, including but not limited to texts, images, illustrations, software, HTML code, audio clips, and video clips, is owned by Nikon. The material on this Website is protected in Canada by the Copyright Act and in other jurisdictions, by all applicable international treaties and local legislations. You may view the Website on your computer and may print a copy of the Website for your personal and non-commercial use provided that you do not alter the copyright or trade-marks notice. Consequently, the material on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part or in any form whatsoever without the prior written consent of Nikon.
Trade-marks, logos, official marks and service marks (collectively, the “Marks”) displayed on this Website, including but not limited to the “Nikon” trade-mark, are registered or unregistered Marks of Nikon or are used under license by Nikon. The Marks are the property of their respective owners and may not be used without written authorization from their owners, and nothing contained in these Terms grants any such authorization.
Nikon does not represent or warrant that the material on the Website does not infringe the rights of a third party.
All rights not expressly granted in these Terms are reserved to Nikon. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trade-mark or other intellectual property right of Nikon or of any other person or entity.
Disclaimer of Liability
While Nikon may update the information or material on this Website from time to time, Nikon does not represent or warrant that information or material on this Website is up-to-date, accurate, error-free or complete.
Nikon makes no representation or warranty regarding the functionality, good working order or condition of this Website, the information, applications, products, and services contained on this Website, its suitability for use, or its use in an uninterrupted or error-free manner.
All material, applications, products, services, and information on this website are provided to you “as is”, without warranties of any kind. Nikon and its affiliates disclaim all warranties and conditions, written or oral, statutory, express or implied, including without limitation, warranties and conditions of merchantability or fitness for a particular purpose.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non-permitted exclusions may not apply to you.
Nikon and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with this Website, its content, or the use thereof or access thereto. For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, Nikon and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:
- Telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts;
- Privacy or infection of the Website or your computer by a virus or other harmful components;
- Your inability, at any time, to access any part of the Website or its content, or the products and services offered on this Website;
- The interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;
- The failure of Nikon to take corrective measures;
The exclusions and limitations mentioned above shall apply regardless of whether the claims, losses, costs, or damages are founded on a contractual or extra-contractual basis or on any other theory of liability, and these exclusions and limitations shall apply even if Nikon is advised of the possibility of such claims, losses, costs or damages.
Given that certain jurisdictions prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages, the liability of Nikon in those jurisdictions is limited to the extent allowed by law.
You remain entirely responsible for (i) all damage caused to your computer system due to the browsing of any website including the Website and (ii) all damage caused to a third party due to your actions or by the information, data, software, virus or any other component that you could have transmitted or uploaded on the Website.
Username and Password
Certain of the services and related features made available on this Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers that you choose or are assigned as a result of any registration or subscription on this Website, and (b) all activities that occur under such password or account. Further, you agree to notify Nikon of any unauthorized use of your password or account.
You acknowledge that Nikon may suspend or deactivate your account or your access to the Website and delete any information or content related to the Website, at its sole and absolute discretion, without any prior notice, and for any reason whatsoever, including, without limitation, if Nikon believes that you are in breach of these Terms.
Nikon shall not be responsible or liable, directly or indirectly and in any way whatsoever, for any loss or damage of any kind arising out of or in connection with the suspension or deactivation of any account.
If you are not satisfied with the Website or one of its services, or with the Terms or practices of Nikon relating to the Website, your only remedy is to cease using the Website or the said services.
Submission of Suggestions and Ideas
Nikon has implemented certain procedures regarding unsolicited ideas and suggestions received from the public. If you wish to submit an idea or suggestion to Nikon, either via the Website, by email, mail, telephone or through any other way, you must accept the following:
Nikon will be free to use, reproduce and exploit, at its sole discretion any idea, suggestion or other document or work submitted by the public. Consequently, if you are submitting such idea, suggestion, document or work, you hereby agree to assign and transfer irrevocably in favor of Nikon, all rights title and interests that you may hold in or to such submitted elements, the whole without any financial compensation. If request by Nikon, you agree to promptly execute any document presented by Nikon in order to confirm this assignment or in order to allow the registration of Nikon’s rights. You hereby renounce to the moral rights you may hold in the said idea, suggestion or other document or work submitted;
- Nikon shall have no obligation to use the idea, suggestion, document or work received;
- Nikon will have no obligation to pay any financial compensation following the use or exploitation of the rights granted herein;
- Nikon will not have any obligation to keep the idea, suggestion or other document or work submitted confidential.
IP Address, Cookies and Web beacons
Nikon may collect the IP address of your computer, which is recorded on the server log. If we collect your IP address, it will be utilized only for the purpose of solving server problems and Website administration, and will not personally identify you in any way.
The Website uses "cookies" - small amounts of data that we send to your computer based on the information that we have collected from your visit. Cookies contain information that allows us to recognize you (if you have identified yourself) and to keep track of your preferences. Cookies are stored in your computer's browser or on your hard disk and can then be retrieved by the Website. The types of cookies used by the Website are "session" cookies, which are deleted from your computer when you leave the Website and are used purely to help you to navigate around the Website; and "persistent" cookies, which remain on your computer so that the Website can recognize you when you return. Most web browsers can be set up to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. If you disable cookies, you will not be able to receive personalized facilities and your progress through certain parts of the Website may take longer.
We may also use web beacons to track your specific activity. We use the information that we collect through web beacons as statistics to measure the effectiveness of the Website. The information we collect through web beacons does not include those that allow an individual to be identified.
Links to Non-Nikon Lenswear Websites
Links and references to other websites are provided to you as a convenience only. Most of these websites are independent websites and Nikon has not reviewed and does not expressly or implicitly endorse them or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility there for or information or material, products or services posted or offered thereon. If you choose to access such websites, you should read, accept and respect their respective terms and conditions of use.
Nikon may modify, alter or otherwise update the terms applicable to the Website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access the Website.
The Website is controlled and operated by the Nikon from its offices in Montréal, Quebec, Canada and these Terms shall be governed by the laws applicable in the Province of Quebec, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the exclusive jurisdictions of the courts of the judicial district of Montréal in connection with the interpretation or application of these Terms.
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction, nor shall it affect the legality, validity or enforceability of any other provision of these Terms in any jurisdiction.
The Website is controlled and operated by Nikon from Quebec, Canada. Nikon makes no representation that the material on the Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations may do so on their own initiative and are responsible for compliance with local laws, if and to the extent said local laws are applicable.
In order to simplify this text, words importing the singular number shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders and vice versa.
These Terms constitute the entire agreement between Nikon and you pertaining to your use of this Website, its services and content and supersede any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and Nikon with respect to the subject matter hereof.
The parties herein have requested that these Terms be drafted in English. Les parties aux présentes ont exigé que les modalités soient rédigées en anglais.