NIKON CANADA INC. TERMS AND CONDITIONS OF USE
EFFECTIVE DECEMBER 31, 2014
These Terms and Conditions of Use apply to the following Nikon Canada Inc. websites:
(collectively "Nikon Owned Websites"). Nikon Owned Websites are the property of Nikon Canada Inc. ("Nikon", "we", "our" or "us") or its licensors. BY USING A NIKON OWNED WEBSITE, YOU AGREE TO AND ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, DO NOT USE A NIKON OWNED WEBSITE.
Nikon reserves the right at its sole discretion, to change, modify, add to, remove or otherwise edit these Terms and Conditions of Use, at any time by updating this posting on our Nikon Owned Websites. Changes to these Terms and Conditions of Use are effective at the time they are posted. For this reason it is your responsibility and Nikon encourages you to check these Terms and Conditions of Use for changes each time you visit any of our Nikon Owned Websites. Your continued use of a Nikon Owned Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these and any updated Terms and Conditions of Use, Nikon grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Nikon Owned Websites.
All material(s) and content on any of our Nikon Owned Websites including but not limited to images, text, graphics, software, user interfaces, visual interfaces, trademarks, logos, artwork and computer code (collectively "Content") contained on any of our Nikon Owned Website are owned, controlled or licensed by or to Nikon, and are protected by trade dress, copyright, patent, industrial design and trade-mark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Nikon products and services purposely made available by Nikon for downloading from any of our Nikon Owned Websites, provided that you (1) do not remove any copyright and/or other proprietary notice language, (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations, warranties or conditions relating to such information.
There are a number of Nikon proprietary logos, trademarks and service marks (collectively "Trademarks") displayed on the Nikon Owned Websites. All such Trademarks (whether registered or not registered) are the property of Nikon and/or Nikon Corporation. By displaying any Trademarks on any Nikon Owned Websites, Nikon is not granting you a license or the right to use any of the Trademarks nor should anything contained on any of our Nikon Owned Websites be construed or interpreted as granting you by implication or otherwise a license or any right to use any of the Trademarks without the prior express written permission of Nikon.
Except as expressly provided in these Terms and Conditions of Use, no part of any Nikon Owned Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, broadcast, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without Nikon's prior express written consent.
LINKS TO NON-NIKON OWNED WEBSITES
Nikon Owned Websites may provide links to other websites which are not owned by Nikon and are owned by companies or parties which are either affiliated or unaffiliated with Nikon ("Non-Nikon Owned Websites"). These links to Non-Nikon Owned Websites are provided to you solely as a matter of convenience and for informational purposes. If you access any of these links, you will no longer be on a Nikon Owned Website. We do not endorse or make any representation about Non-Nikon Owned Websites, and we are not responsible for and we disclaim all warranties and conditions, express, implied, statutory or collateral, as to the privacy, content or security of such Non-Nikon Owned Websites. You are responsible for reviewing, and we encourage you to review the Policies and Terms and Conditions of Use of such Non-Nikon Owned Websites.
Under no circumstance, are you permitted to send or submit to or from any of our Nikon Owned Websites any Information that is defamatory, obscene, pornographic, libelous, offensive, invasive of privacy rights or otherwise in violation of any laws.
By using any of our Nikon Owned Websites, you acknowledge and agree that internet transmissions are never completely private or secure and that any Information you send or submit to any of our Nikon Owned Websites may be intercepted and read by third parties. Where there is a specific indication or notice that a particular transmission (e.g., credit card information) is encrypted, that means we are using reasonable technological measures to help protect information during transmission, but still there is no guarantee of 100% online security.
Nikon Owned Websites may from time to time, contain contests, sweepstakes or other promotions (collectively "Contest(s)") that offer prizes or that require you to send in material or information about yourself. Each Contest has its own rules and requirements which you must read and agree to before you may enter.
In the event any software is available for downloading on any of our Nikon Owned Websites, such software is the copyrighted work and property of Nikon and/or its suppliers. Use of any such software is subject to the terms and conditions of the license agreement that is provided with or accompanying such software. Unless expressly permitted by the license agreement provided with or accompanying such software, any reproduction or copying of any such software is strictly prohibited. In no event are you permitted to create derivative works of such software or to reverse engineer or decompile any such software.
PRODUCTS AND SERVICES
Any products and services displayed on any of our Nikon Owned Websites are intended for sale in Canada. Displaying such products and services does not mean and should not be interpreted to mean that such products and services will be available at any given time.
ANY INFORMATION PERTAINING TO ANY PRODUCTS AND SERVICES ON ANY OF OUR NIKON OWNED WEBSITES IS SUBJECT TO CHANGE WITHOUT NOTICE.
NIKON DOES NOT REPRESENT OR WARRANT THAT ANY OF OUR NIKON OWNED WEBSITES OR ANY OF THE CONTENT ON ANY OF OUR NIKON OWNED WEBSITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF ANY OF OUR NIKON OWNED WEBSITES WILL PROVIDE SPECIFIC RESULTS. THE NIKON OWNED WEBSITES AND THE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON ANY OF OUR NIKON OWNED WEBSITES IS SUBJECT TO CHANGE WITHOUT NOTICE. NIKON CANNOT ENSURE THAT ANY SOFTWARE OR DATA YOU DOWNLOAD FROM ANY OF OUR NIKON OWNED WEBSITES WILL BE ERROR-FREE, FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NIKON DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR GENERAL PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF ANY OF OUR NIKON OWNED WEBSITES AND ANY LINKED NON-NIKON OWNED WEBSITES. YOUR SOLE REMEDY AGAINST NIKON FOR DISSATISFACTION WITH ANY OF OUR NIKON OWNED WEBSITES OR ANY CONTENT IS TO STOP USING SUCH NIKON OWNED WEBSITES OR SUCH CONTENT.
THE ABOVE DISCLAIMERS APPLY TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
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, OR DAMAGES FOR LOST PROFITS, REVENUE OR OPPORTUNITY OR FOR BUSINESS INTERRUPTION, THAT RESULT OR ARISE OUT OF YOUR USE OR INABILITY TO USE ANY OF OUR NIKON OWNED WEBSITES, ANY CONTENT, SERVICES AND FUNCTIONS 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. EVEN IF YOUR REMEDY FAILS OF ITS ESSENTIAL PURPOSE 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 ANY OF OUR NIKON OWNED WEBSITES OR $50.00.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND NIKON, ITS PARENTS, AFFILIATES, LICENSORS AND LICENSEES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND LIABILITIES (INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND COURT COSTS) ARISING OUT OF OR RELATED TO (I) ANY BREACH OF THESE TERMS AND CONDITIONS OF USE BY YOU OR ANYONE ACTING UNDER YOUR DIRECTION, AUTHORITY AND CONTROL, OR (II) YOUR USE OF ANY OF OUR NIKON OWNED WEBSITES.
RESERVATION OF RIGHTS
NIKON RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO ANY OF THE NIKON OWNED WEBSITES, OR ANY PORTION OF ANY OF THE NIKON OWNED WEBSITES, FOR ANY REASON; (2) TO MODIFY OR CHANGE ANY OF THE NIKON OWNED WEBSITES, OR ANY PORTION OF ANY OF THE NIKON OWNED WEBSITES, AND ANY APPLICABLE POLICIES OR TERMS AND CONDITIONS OF USE; AND (3) TO INTERRUPT THE OPERATION OF ANY OF THE NIKON OWNED WEBSITES, OR ANY PORTION OF ANY OF THE NIKON OWNED WEBSITES, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
You agree not to use, download, export or re-export any Content on any of the Nikon Owned Websites in violation of any applicable laws or regulations including but not limited to any Canadian export laws and regulations.
You agree that these Terms and Conditions of Use and any dispute relating to any Nikon Owned Website or any Content used in connection with any Nikon Owned Websites will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract, without regard to any conflict of laws provisions. The parties submit to the jurisdiction of the federal and provincial courts in downtown Toronto, Ontario. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is waived and forever barred. 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 these Terms and Conditions of Use is found to be void or unenforceable, it will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable. These Terms and Conditions of Use and any additions, changes, edits and/or modifications made thereto by Nikon are the entire agreement between you and Nikon and supersede in their entirety any and all written or oral agreements previously existing between you and Nikon. The Terms and Conditions of Use and any additions, changes, edits and/or modifications made thereto by Nikon cannot be amended except as set forth above. No waiver by either you or Nikon, whether expressed or implied, of any provision of the Terms and Conditions of Use and any additions, changes, edits and/or modifications made by Nikon, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms and Conditions of Use.