Nikon Platform Terms and Conditions

Last updated: 25 March 2025

1.1  The following terms and conditions (this "Agreement") govern your access to and/or use of Nikon Singapore Pte. Ltd. ("Nikon")’s and/or the Nikon Group's website and/or other channel designated by Nikon (each a "Platform"), and using any functionality and/or receiving any product, information, content, material and/or service in connection with any Platform. 

1.2  The Agreement forms a legally binding agreement between you and Nikon.   

1.3  Your access to and/or use of any Platform is conditional upon your full compliance with all the terms and conditions of this Agreement and all applicable law. By accessing and/or using any Platform (or continuing to do the same), you agree that you have read, understood, and accepted the latest version of this Agreement (as may be amended from time to time).

 
1.4  The current and prevailing version of this Agreement may be accessed at https://www.nikon.co.in/terms-and-conditions-of-registration-2025-update (or via such other means as we may designate from time to time). If you do not agree to the terms and conditions of this Agreement (as may be amended from time to time), please cease all access to and/or use of any Platform. 

1.5  We may from time to time notify you of supplemental terms applicable to you in respect of your access to and/or use of any Platform from particular jurisdictions ("Jurisdiction-Specific Terms"). To the extent of any inconsistency between this Agreement and the Jurisdiction-Specific Terms, the inconsistency shall be resolved in the following order of priority: 
     

     (a)  Jurisdiction-Specific Terms; and

     (b)  this Agreement. 

1.6  If you are younger than 18 years of age (a "Minor"): (a) you must obtain permission from a parent or a legal guardian (if applicable) to use and/or access any Platform; (b) that parent or legal guardian (as the case may be) must agree to this Agreement; and (c) you must only use and/or access any Platform in conjunction with and under the supervision of that parent or legal guardian (as the case may be). 

1.7  If you are the parent or legal guardian of a Minor, you agree, acknowledge and undertake to us that: (a) you accept this Agreement on the Minor's behalf and you shall be responsible for the Minor's use and/or access under this Agreement; (b) you shall carefully supervise that Minor's use and/or access. It is your responsibility to determine whether any use and/or access is appropriate and/or safe for that Minor; and (c) you hereby expressly consent on behalf of that Minor to the collection, use, disclosure and/or processing of that Minor's personal data in accordance with this Agreement and the Privacy Policy (as defined below), and you agree that we may deem the same.

2.1  Unless otherwise provided by the applicable law, we may from time to time upon reasonable notice (via such channel(s) as we may designate, which may include any Platform) amend or vary the terms of this Agreement. We may also update the "Last Updated" date at the top of this Agreement, which indicates the effective date of any updated Agreement. Your access to and/or use of any Platform and/or continued access thereto and/or use thereof from the effective date of any such changes constitute your acceptance of the updated Agreement. If you do not agree to the updated Agreement, you must stop accessing and/or using any Platform. 

2.2  In addition, we may, from time to time, without giving any prior reason or notice, upgrade, modify, suspend, discontinue the provision of and/or remove, whether in whole in part, any Platform and/or any functionality, product, information, content, material and/or service provided therein, and Nikon shall not be liable to you in respect of any such upgrade, modification, suspension, discontinuation, and/or removal. 

3.1  To access and/or use any Platform and/or certain functionalities therein, you may be required to apply for one or more account(s) (each a "User Account") in such form and manner as we may prescribe, and you shall comply with all requirements, rules, directions, standards, guidelines, operating procedures, and policies relating to such account, security measures, and Access Credentials (including any registration, activation and authentication procedures) as may be prescribed by us from time to time at our sole and absolute discretion. 

3.2  Registration for a User Account shall be subject to our approval (at our sole and absolute discretion), and we shall have the right, from time to time, to: (a) prescribe eligibility criteria for registration for a User Account; (b) prescribe other requirements, procedures and/or policies in relation to such registration; and/or (c) require you to submit information for us to authenticate and/or verify your identity, and any decision by us in connection with any of the foregoing (a) to (c) shall be final and binding on you. For the avoidance of doubt, we shall have the right, without prior notice and without liability to any party, to reject your registration for a User Account without having to provide you with any reason for such rejection.  

3.3  Without prejudice to the generality of Clause 3.2, you additionally agree and acknowledge that: 

     (a)  in order to register for a User Account, you must complete all required fields in the prescribed registration form. Incomplete forms may be rejected; 

     (b)  you shall not register for a User Account on behalf of any other person; 

     (c)  you shall not submit a registration form containing another person's information; 

     (d)  you shall: (i) provide accurate, current and complete information as may be required by us in the prescribed registration form; and (ii) maintain and promptly update any and all such information to keep it/them accurate, current and complete;

     (e)  any use of and/or access to functionalities, products, information, content, material and/or services associated with your Access Credentials shall be deemed your use and/or access (as the case may be). You accept sole responsibility for the use of your Access Credentials, and for any and all activities that occur under your User Account, and we are entitled to treat any and all activities that occur under your User Account as having been conducted with your knowledge and authority;

     (f)  you agree and acknowledge to ensure that your User Account and Access Credentials shall not be: (i) shared with or used by any other person other than you; and/or (ii) used to provide access to functionalities, products, information, content, materials and/or services to an individual who is not the individual associated with the corresponding User Account. You agree and acknowledge that we shall not be obliged to recognise any person other than you as having any interest in your User Account (if at all); 
     (g)  (i) you shall be solely responsible for maintaining the security and confidentiality of your Access Credentials; (ii) there shall at all times be no unauthorised use of your Access Credentials; and (iii) you shall immediately notify us in writing if you have reason to suspect that there has been any unauthorised disclosure and/or use of your Access Credentials; and

     (h)  we shall be entitled at our sole and absolute discretion at any time to limit, suspend, deactivate or terminate your access to your User Account, your Access Credentials and/or your access to and/or use of a Platform, in the event that you are in breach of this Agreement, we suspect you have breached this Agreement, or otherwise at our sole and absolute discretion and without giving any reason or notice therefor. We shall not be liable to you or any other person for any Losses as a result thereof. 

4.1  We may from time to time make available functionalities allowing you to request product or service support from a member of the Nikon Group in respect of a "Nikon"-branded product ("Nikon Product"). If you choose to activate any such functionality, you agree and acknowledge that: 

     (a)  any online form you use to request product or service support ("Technical Support Application Form") is only an application form for support for your Nikon Product(s), and is NOT a certificate for or record of any warranty by Nikon or any other member of the Nikon Group. For the avoidance of doubt, registration via the Technical Support Application Form does not confer any warranty on the Nikon Product you purchased; 

     (b)  we may, at any time, require you to produce original proof of purchase of the Nikon Product in respect of which you are requesting support, in the form of (i) your original purchase receipt evidencing the original purchase date; and/or (ii) the product warranty card(s), and you shall retain the same as necessary; and

     (c)  you shall comply with any additional terms and conditions (relating to the requested support) as we may specify from time to time.

4.2  We may from time to time make available functionalities allowing you to register for a warranty in respect of a Nikon Product. If you choose to activate any such functionality: 

     (a)  depending on where you have purchased your Nikon Product, the warranty registration procedure and the applicable warranty policy and conditions may differ. You shall follow the procedures and comply with the terms contained within the warranty document(s) that accompany your Nikon Product; and

     (b)  we may, at any time, require you to produce original proof of purchase of the Nikon Product in respect of which you are registering for a warranty, in the form of (i) your original purchase receipt evidencing the original purchase date; and/or (ii) the product warranty card(s), and you shall retain the same as necessary. 

4.3  We may from time to time make available functionalities allowing you to request to register your ownership of a Nikon Product. If you choose to activate any such functionality: 

     (a)  your registration shall be subject to our acceptance and in any event applies only to a Nikon Product purchased in Algeria, Angola, Australia, Bahrain, Bangladesh, Brunei, Cambodia, Cameroon, Cote D'Ivoire, Egypt, Ethiopia, Fiji Islands, French Polynesia, Ghana, Guam, Guinea, Hong Kong, India, Indonesia, Iran, Iraq, Kenya, Kuwait, Lebanon, Macau, Madagascar, Malaysia, Maldives, Mauritius, Morocco, Myanmar, New Caledonia, New Zealand, Nigeria, Oman, Pakistan, Papua New Guinea, Philippines, Qatar, Republic of Vanuatu, Reunion, Rwanda, Saudi Arabia, Senegal, Seychelles, Singapore, South Africa, Sri Lanka, Syria, Tahiti, Taiwan, Tanzania, Thailand, Tunisia, United Arab Emirates, Uganda or Vietnam (the "Territory"). We are unable to accept registration request(s) in respect of any Nikon Product(s) purchased outside the Territory; and 

     (b)  we may, at any time, require you to produce original proof of purchase of the Nikon Product which you are requesting to register ownership of, in the form of your original purchase receipt evidencing the original purchase date, and you shall retain the same as necessary. 

5.1  We may from time to time make available functionalities allowing you to register for an event organised by Nikon or any other member of the Nikon Group ("Nikon Event"), including but not limited to a seminar or contest. If you choose to register for or participate in any Nikon Event, you agree and acknowledge that: 

     (a)  Nikon or any other member of the Nikon Group (as the case may be) shall have the right to modify or cancel a Nikon Event at its sole and absolute discretion. Nikon shall not be liable for any Losses incurred in connection with such modification or cancellation (as the case may be); and 

     (b)  to the maximum extent allowed by law, Nikon shall not be liable for any Losses incurred in connection with your registration for and/or participation in a Nikon Event.

5.2  We may from time to time make available functionalities allowing you to register to receive information relating to Nikon Products (including without limitation promotional materials, updates and announcements) ("Product Information") and newsletters. Without prejudice to the generality of Clause 9, you additionally agree and acknowledge that by registering to receive such Product Information and/or newsletter(s) from Nikon, you consent to our collection, use and disclosure and processing of your personal data for the purposes of Nikon communicating the requested Product Information and/or newsletter(s) (as the case may be) to you. 

5.3  We may from time to time make available functionalities allowing you to register for a Nikon-affiliated membership ("Nikon Membership"). If you choose to register for any Nikon Membership, you agree and acknowledge that Nikon shall be entitled at its sole and absolute discretion at any time to suspend or terminate your Nikon Membership, with or without cause, and without giving any reason or notice therefor. We shall not be liable to you or any other person for any Losses as a result thereof. During such suspension or upon such termination (as the case may be), you shall no longer have access to the benefits and services associated with the Nikon Membership.

6.1  Where you introduce, upload, post, or otherwise transmit content (which is not Nikon Content (as defined below)) ("User Content") to any Platform, including without limitation any material, information, listing, data, input, text, song, audio, video, photograph, graphic, broadcast, message, comment, suggestion, and/or other content, you shall: (a) ensure that the User Content shall be in the form that we may prescribe (including without limitation as to specifications, file type, etc); (b) truthfully and accurately provide any and all particulars in the form and manner as we may request; (c) comply with any other instructions we may prescribe from time to time in connection therewith (which may be displayed via Platform(s)); and (d) ensure that the User Content complies with the terms and conditions of this Agreement and all applicable law.

6.2  Without prejudice to the generality of the foregoing, you additionally agree and acknowledge that, by submitting any User Content: 

     (a)  Nikon does not have any responsibility to verify or approve the User Content, and Nikon does not represent or warrant the accuracy, integrity, appropriateness, or quality of the User Content, nor that the User Content does not infringe intellectual property rights. Under no circumstances shall Nikon be liable in any way for any User Content;

     (b)  any edits to your User Content must have been made via the use of legally acquired software;

     (c)  you shall not submit any User Content: 

          (i)    on behalf of any person other than yourself, and/or for which you were compensated or granted any consideration by any third party;

          (ii)   that contains any deepfake, synthetic and/or artificially generated images and/or videos or other content created from the use of artificially generative fill, regardless whether or not generated for training or non-commercial purposes or otherwise; and/or

          (iii)  that (1) is false, misleading or deceptive; (2) is objectionable on the grounds of public interest, public morality, public order, public security, national harmony and/or otherwise prohibited by applicable laws; (3) is or may in any way be inflammatory, provoking, harmful, abusive, sensitive and/or offensive to another person or to a group of persons (whether because of race, ethnicity, nationality, gender, sexual orientation, religion and/or otherwise); (4) that is or may be hateful, indecent, defamatory, threatening, invasive of another's privacy, and/or that incites violence and/or contains graphic and/or gratuitous violence; (5) infringes the rights of any third party, including without limitation intellectual property rights; and/or (6) breaches this Agreement.

     (d)  without prejudice to the generality of Clause 8.5(d), Nikon shall have the right (but not the obligation) at its sole and absolute discretion to:

          (i)    monitor, pre-screen, exercise editorial control over, review and/or evaluate any User Content; 

          (ii)   determine the criteria for approving any User Content; 

          (iii)  reject, refuse to publish, remove, disallow, block and/or delete any User Content, including without limitation where Nikon determines it to contain User Content that is prohibited under this Agreement, where Nikon receives a complaint from a third party or a notice of intellectual property infringement or other legal instruction or removal, and/or for any other reason as Nikon may see fit; and/or 

          (iv)   cut, crop and/or edit any User Content. 

Any decision by Nikon in connection with User Content shall be final and binding on you. Nikon shall not be obliged to provide any reason or notification for any such decision, and such decision shall be without liability to you or any other third party; and

     (e)  unless we specifically agree with you in writing otherwise, you shall have no right to receive any compensation or remuneration of any kind in connection with User Content, and Nikon shall not be liable or otherwise have any obligation to: (i) account to you for any benefit received by Nikon in connection with your User Content; and/or (ii) disclose to you any fact or thing with respect to which Nikon may be put on notice in the course of making available the User Content to others, regardless whether in the course of business, in any other capacity or in any manner whatsoever.

6.3  If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, and/or product / feature names, and/or any related documentation, artwork, computer code, diagrams, and/or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, you agree and acknowledge that: (a) Nikon has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason; (b) Feedback is provided on a non-confidential basis, and Nikon is not under any obligation to keep any Feedback confidential or to refrain from using or disclosing it in any way; and (c) Feedback shall be deemed to be User Content under this Agreement.  

7.1  We may from time to time make available functionalities allowing you to view and/or download (as the case may be) User Content via a Platform. If you choose to use any such functionality, you agree and acknowledge that:

     (a)  you may view and download User Content strictly for your personal, non-commercial use only, and in any event, in compliance with this Agreement. You do not have permission to resell and/or repurpose any User Content for commercial usage, regardless whether during or after the effective period of this Agreement;

     (b)  you are solely responsible for your use of any such functionality, which shall be at your sole risk. We shall not be liable to you or any third party in respect of your use of any such functionality;

     (c)  we have the sole and absolute discretion to determine that any such functionality will only be available in respect of certain language(s) that we specify and/or Platform(s) that we specify; 

     (d)  any such functionality may: (i) integrate, interact and/or interoperate with Third Party Element(s) (as defined below); and/or (ii) be fully or partially provided by Third Party Provider(s) (as defined below). We shall have the right from time to time to switch, modify, or remove Third Party Provider(s) and/or Third Party Element(s) (e.g. their technology tools) in connection with the Platform(s) without prior notice to you, and you agree and acknowledge that you shall bear the sole risk of changes in functionalities, features, interface and/or user experience arising from such switching, modification and/or removal;

     (e)  you must use any such functionality according to applicable laws, and you additionally represent and warrant that you have the necessary rights, licences and consents to use the functionality; and

     (f)  you must not use any such functionality in a manner that will infringe any copyright, trade mark, other intellectual property or privacy right and/or Moral Rights (as defined below) of any other person, or otherwise expose us to a Claim (as defined below), nor breach the terms of any agreements or licences you may have in respect of any content.

Nikon Content

8.1  Each Platform, and any content, information or other material provided by Nikon to you (regardless whether provided via the Platform or via any other means) and all intellectual property rights that are part of or associated with them ("Nikon Content"), are either owned by or licensed to Nikon, it being understood that the user or its licensors will own the User Content that such user introduces, uploads, and/or posts to a Platform unless such content is already owned by or licensed to Nikon. We and our licensors reserve all rights not expressly granted to you in and to Nikon Content.

8.2  Use of the Nikon Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Nikon Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, performed, adapted, edited, published, sold, licensed, reverse-engineered, decompiled, disassembled and/or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. 

8.3  Any goodwill and/or custom arising from any use of any Platform, regardless whether during or after the effective period of this Agreement, shall enure solely to us. You agree and acknowledge that Nikon may generate revenues, increase goodwill or otherwise increase our value from your use of any Platform (including without limitation in connection with your User Content), including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and/or usage data, and except as specifically permitted by us in this Agreement or in another written agreement you enter into with us, you shall have no right to share in any such revenue, goodwill and/or value whatsoever. 

8.4  Nothing in this Agreement confers on you any rights, regardless whether during or after the effective period of this Agreement, to use "Nikon" and any other trademarks, service marks, logos, get-ups, trade names, goodwill, internet domain names, slogans, product names and designations and/or other proprietary indicia used as part of any Platform, all of which are and remain the property of Nikon or the relevant owner(s). 

User Content

8.5  Where you introduce, upload, post, or otherwise transmit User Content to any Platform: 

     (a)  you represent and warrant to us that: (i) your User Content is original to you or that you have received all necessary permissions and clearances from the relevant owner of any part of your User Content to submit it to the Platform for all purposes contemplated under this Agreement; (ii) your User Content does not contain names, likenesses, and/or other characteristics identifying celebrities or other public figures; (iii) your User Content does not contain trademark(s) that is/are currently registered, or is/are the subject of registration application(s), anywhere in the world; (iv) your User Content is neither confidential nor proprietary; (v) you have the permission of anyone featured in your User Content to submit it to the Platform for all purposes contemplated under this Agreement; (vi) you have not licensed any rights in the User Content that will conflict with any and all usage or other rights required by Nikon under this Agreement; 

     (b)  you shall not expose Nikon and/or any other person to any intellectual property and/or other Claims relating to User Content that you submit to the Platform; 

     (c)  you hereby release Nikon from any and all Claims arising out of or in connection with any exploitation of the rights granted under this Agreement, including but not limited to Claims in connection with intellectual property rights infringement, infringement of privacy or publicity rights, defamation, infringement of Moral Rights, and any other personal and property rights whatsoever in any jurisdiction; 

     (d)  you agree and acknowledge that Nikon may take reasonable measures to expeditiously remove from the Platform any infringing material that Nikon becomes aware of;

     (e)  you or the relevant owner (as the case may be) may own any copyright in such User Content (unless such content is already owned by or licensed to Nikon), save that:

          (i)   you hereby grant to Nikon (or shall procure the grant to Nikon of) all permissions, consents, approvals, certificates, permits, licences, agreements and authorities (whether statutory, regulatory, contractual or otherwise) which may be required under applicable laws to enable Nikon to make the fullest use of the rights granted under this Agreement; and

          (ii)  without prejudice to the generality of the foregoing, you hereby grant Nikon an unlimited, unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, fully sub-licensable (to any tier), perpetual, worldwide licence to use and exercise any of the rights comprised in any intellectual property or other rights (including without limitation, rights in copyright, publicity, and database rights) connected with or comprised in such User Content ("User Content IPR"), including without limitation the rights to host, use, distribute, modify, run, copy, reproduce, publicly perform, communicate, display, translate, adapt, make derivative works of, publish and transmit, and distribute your User Content for any purpose(s) as Nikon deems fit at its sole and absolute discretion (and without restriction, free of charge and without need for attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody User Content, whether in whole or in part, and whether as provided or as modified), in any format, manner, mode or media and on any platform whether now or hereinafter known, and regardless whether during or after the effective period of this Agreement; and

     (f)  without limiting the generality of the foregoing, you agree and acknowledge that, regardless whether during or after the effective period of this Agreement:

          (i)    your User Content may be used by Nikon for its marketing and promotional purposes and activities, which include displaying your User Content on social media platforms and other media forms as Nikon deems fit for its advertising and marketing activities, and editing, cropping and re-sizing your User Content;

          (ii)   you shall not object to Nikon authorising third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit such User Content; and

          (iii)  where your User Content may be publicly viewed and/or downloaded by any other third party, including without limitation as described under Clause 7 above, you hereby grant each and every third party an unlimited, unconditional irrevocable, non-exclusive, royalty-free, fully transferable, fully sub-licensable (to any tier), perpetual, worldwide licence to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and transmit your User Content and exercise any of the rights comprised in User Content IPR (including as contemplated under this Agreement) for personal, non-commercial use, regardless whether during or after the effective period of this Agreement;

     (g)  for the full and unencumbered benefit of Nikon, you hereby irrevocably waive and agree not to assert (and shall procure that any individual concerned with or otherwise featured in your User Content irrevocably waives and agrees not to assert) any and all Moral Rights (and any analogous rights anywhere in the world) in connection with your User Content; 

     (h)  Nikon shall have the unlimited right to disclose your identity to any third party who is claiming that your User Content constitutes a violation of their intellectual property or other rights, regardless whether during or after the effective period of this Agreement; and

     (i)  Nikon may (but shall have no obligation whatsoever to) credit you in any way for Nikon's use of your User Content, and if Nikon does credit you, such credit may be in such form, manner and/or prominence which Nikon deems fit at its sole and absolute discretion.

Copyright Act Notification

8.6  The Copyright Act 2021 of Singapore ("Singapore Copyright Act") contains provisions related to limiting the liability of network service providers, such as Nikon, who may provide services such as system caching, user storage and/or information location. Where a copyright owner furnishes to Nikon (through Nikon's designated representative(s)) a valid take-down notice in the form prescribed by the Singapore Copyright Act, in respect of Nikon Content, User Content and/or other material on the Platform(s) ("Infringing Material"), Nikon will take reasonable steps to remove or disable access to the relevant Infringing Material in accordance with the Singapore Copyright Act. Where the person who made available such material furnishes to Nikon a valid restoration notice in the form prescribed by the Singapore Copyright Act, Nikon will take reasonable steps to restore the relevant material, unless court proceedings are commenced by the copyright owner and Nikon is informed in writing in accordance with the Singapore Copyright Act. Should you wish to provide a take-down or restoration notice to Nikon, please ensure that such take-down or restoration notice is in the form prescribed by the Singapore Copyright Act. Nikon may not act on any notification that is not a valid notice in the form prescribed by the Singapore Copyright Act. Without limiting the generality of the foregoing, we do not consent for you to, and you shall not, send us any notice (in connection with this Clause 8.6 and/or for the purposes of serving a document that is permitted or required by the Singapore Copyright Act or by the Copyright Regulations 2021 of Singapore) via email.

8.7  Nikon will duly consider all take-down and restoration notices submitted in the above manner. In return, you agree that you shall not take any legal action and/or exercise any legal remedy you may have against Nikon in respect of any Infringing Material, unless you have first given Nikon a take-down notice and sufficient opportunity to remove the Infringing Material, and thereafter Nikon refuses or fails to remove the Infringing Material within a reasonable time. Where Nikon removes the Infringing Material in response to your take-down notice, you agree not to exercise, and you hereby waive, any right of action against Nikon under applicable law which you may have had in respect of any Infringing Material prior to such removal by Nikon.

8.8  You acknowledge and agree that Nikon has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on third party platforms or services.

9.1  Unless otherwise provided by the applicable law: 

     (a)  by accessing and/or using any Platform, you agree and consent to the terms of the privacy policy applicable to you, as amended from time to time ("Privacy Policy"), which is incorporated into this Agreement by reference; and

     (b)  we may from time to time upon reasonable notice (via such channel(s) as we may designate, which may include any Platform) amend or vary the terms of the Privacy Policy. 

9.2  The latest version of the Privacy Policy may be accessed at https://www.nikon.co.in/privacypolicy. If you do not agree to the updated Privacy Policy, you must stop accessing and/or using any Platform. 

9.3  If you provide us with any personal data relating to a third party, by submitting such information to us, you warrant and represent to us that you have obtained the consent of such third party to you providing us with their personal data, and for the collection, use, disclosure and/or processing of their personal data for all purposes set out in the Privacy Policy and by or for the benefit of the persons referenced in the same.

9.4  This Clause 9 and the Privacy Policy supplement, but do not supersede nor replace, any other consent(s) you may have previously provided to us in respect of your personal data, and any consent(s) you may have provided in connection with this Agreement and/or the Privacy Policy are cumulative and additional to any rights which we may have under applicable law to handle or process your personal data.

10.1  You agree not to use the Platforms to infringe any intellectual property rights. We shall have the right, with or without notice, at any time and at our sole and absolute discretion to block access to any user who infringes or is alleged to infringe any copyright, trade mark, other intellectual property and/or Moral Rights. We may also block communication by you to or from any Platform as part of our effort in protecting our Platforms or our other users, and/or otherwise enforcing the provisions of this Agreement.

10.2  Subject to this Agreement and your continuing compliance thereof, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable licence to access and use the Platforms in our approved jurisdictions, including access to Nikon Content and User Content as part of the Platforms, solely for your personal, non-commercial use and solely in compliance with this Agreement. We and the relevant owners reserve all rights not expressly granted to you. 

10.3  Except insofar as expressly permitted under this Agreement or otherwise in writing by us or as may be allowed by applicable law, you shall not (and shall not knowingly allow, permit, or assist any person to): 

     (a)  make alterations to, and/or modifications of, the whole or any part of any Platform, nor permit any Platform to be combined with (or become incorporated with or in) any other program(s);

     (b)  copy, rent, lease, sub-license, loan, translate, merge, disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, communicate, republish, upload, post, transmit, edit, re-use, sell, assign, transfer, distribute, perform, display, and/or create derivative works based on, the whole or any part of any Platform; 

     (c)  use any Platform in a way that could damage, disable, overburden, impair or compromise the Platform and/or interfere with another person's usage and/or access to the Platform, including without limitation: (i) attempting to probe, scan, test the vulnerability of and/or gain unauthorised access to a system or network and/or to breach or circumvent security and/or authentication measures without proper authorisation; and/or (ii) attempting to transmit a Malicious Code on or through the Platform, and/or overloading, "flooding", "mailbombing" and/or "crashing" the Platform; 

     (d)  without prejudice to the generality of Clause 10.3(b) or Clause 10.3(c): 

          (i)  use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Nikon Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Nikon Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and/or 

          (ii)  (1) reproduce and/or otherwise use the Nikon Content in any manner for purposes of training artificial intelligence technologies to generate text, including without limitation technologies that are capable of generating works in the same style or genre as the Nikon Content; and/or (2) provide a sublicence to others to reproduce and/or otherwise use the Nikon Content in any manner for purposes of training artificial intelligence technologies to generate text;

     (e)  provide or otherwise make available any Platform in whole or in part (including object and source code), in any form to any person without our prior written consent; 

     (f)  create a false identity using any Platform, impersonate any person or entity, and/or falsely state or otherwise misrepresent your affiliation with any person or entity; and/or

     (g)  mask or alter the geographical location from which you appear to our systems to be accessing and/or using any Platform.

10.4  You further acknowledge and agree that: 

     (a)  we shall have the right to investigate and prosecute any violation of this Agreement to the fullest extent permitted under applicable law. You agree to grant us all assistance we deem necessary in connection with any such investigation or prosecution; 

     (b)  we shall be entitled in our sole discretion to determine from time to time the type, specifications, requirements and/or configuration of software and/or hardware acceptable for use in connection with any Platform, and you shall obtain and pay for the same as necessary at your sole cost and risk; and

     (c)  we may from time to time (but shall not be obliged to) update any Platform to improve performance, enhance functionality, reflect changes to the operating system and/or address security issues.

10.5  You agree and acknowledge to us that you shall have a continuing obligation to: 

     (a)  comply with all applicable laws when accessing and/or using any Platform;

     (b)  comply with all requirements, rules, directions, standards, guidelines, operating procedures, and policies relating to any Platform as may be issued by us from time to time; and

     (c)  provide any and all information, statements and documents in connection with your access to and/or use of any Platform as we may request from time to time, and procure that all information provided and submitted to us in connection with a Platform are true, correct, accurate and complete in all respects and undertake to correct and update the same in writing to us if they are wrong, incorrect, inaccurate, incomplete and/or misleading.

10.6  Unless we inform or agree with you otherwise, you agree and acknowledge that a Platform may include analytics and other tools that may allow us to gather information about how the Platform is used, usage patterns and user preferences, and may include our use of cookies, running of verification and compliance analysis and use of data capture, syndication analysis, and/or other similar tools to track, extract, compile, aggregate, archive, disclose and/or otherwise analyse any data and information resulting from any person's access to and/or use of any Platform (including without limitation your geo-location information), and further that: (a) we shall retain all rights, title and interest in and to all such information and data; and (b) any intellectual property rights of or in the results of such analytics shall vest solely in us. Unless we inform or agree with you otherwise, we may monitor, track and/or share with third parties your information thereby obtained by us for safety, security, and/or technical purposes, for example to provide and/or improve our products and/or services.

10.7  In addition to and without prejudice to any of our rights or remedies at law or in equity, we shall have the right to suspend or terminate your access to and/or use of any Platform at any time for whatever reason, and without any prior notice to you. In the event of any such suspension or termination, save only to the extent prohibited by applicable law:

     (a)  you shall remain liable for all obligations you may have incurred under this Agreement; 

     (b)  Clauses 8, 9, 10.7, 11, 13, 14, and 15 shall continue to bind you; and

     (c)  all licence(s) granted to you by Nikon under this Agreement shall, if not already terminated or otherwise ceased, immediately terminate.

11.1  Where Nikon makes available information, content and/or material to you on any Platform from time to time, we provide such information, content and/or material as general information only. The information, content and/or material should not be construed as professional, legal, financial and/or other advice, and should not be relied on as such. We are not your agent, trustee or advisor and have no fiduciary relationship and/or obligation to you in connection with the information, content and/or material. The information, content and/or material may not cover all information available on a particular issue. The information, content and/or material may present information that is incorrect or inconsistent when compared to other sources of information. Before relying on the information, content and/or material, you should carefully consider whether it is applicable and relevant to your particular circumstances, and do your own checks and/or obtain professional advice relevant to your particular circumstances. You are encouraged to independently verify and cross-reference any information, content and/or material with other reliable sources before making any decisions and/or taking any actions based on such information, content and/or material.

11.2  If you choose to share information, content and/or material provided by us with third parties and/or via third party platforms, you do so at your own risk and you must not do so in a manner that will breach this Agreement, infringe intellectual property rights or privacy rights of any person, otherwise expose us to a Claim, and/or breach the terms of any agreements or licences you may have in respect of any such information, content and/or material. We shall not be liable to you and/or any third party in respect of any such information, content and/or material.

12.1  You represent and warrant that: 

     (a)  you have full power and capacity, as well as the necessary permissions, consents, approvals, certificates, permits, licences, agreements and authorities (whether statutory, regulatory, contractual or otherwise), to enter into and perform this Agreement; and
     (b)  you have made your own independent decision: (i) to use and/or access any Platform; and (ii) as to whether any such use and/or access is appropriate and proper for you, based upon your own assessment and judgment, as well as any advice from such advisors as you deem necessary, and not in reliance upon any view, communication and/or representation by or from us.

12.2  You additionally agree and undertake to notify us without delay of any facts or circumstances that would render any of your representations or warranties under this Agreement inaccurate in any respect.

13.1  To the maximum extent permitted by law, you agree and acknowledge that: 

     (a)  each Platform and all content featured thereon are provided on an "as is" and "as available" basis. Nikon does not warrant the accuracy, adequacy or completeness (as applicable) of any Platform, or of any functionality, product, information, content, material and/or service provided to you, and expressly disclaims liability for errors or omissions in the same; and

     (b)  Nikon expressly disclaims (and does not make) any and all warranties, whether express, statutory or implied, oral or in writing, including but not limited to the warranties of non-infringement of third party rights, title, satisfactory quality, timeliness, merchantability, currency, reliability, performance, security, fitness for a particular purpose, continued availability, or inter-operability with other systems or services, and no such warranty or representation is given in conjunction with the Platforms, any materials and/or products therein, and any functionality, product, information, content, material and/or service provided to you. 

13.2  You further agree and acknowledge that the Platforms are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data and/or information provided by the Platforms could lead to death, personal injury, or otherwise result in significant financial loss or business interruption.

13.3  Without limiting the generality of any other provision in this Agreement, to the maximum extent permitted by applicable law, in no event shall the Indemnitees (as defined below) be liable to you or any other party for any Losses (as defined below), fines and/or penalties (or other levies or charges imposed by any governmental or regulatory authority), even if informed of the possibility thereof, arising from or in connection with: 

     (a)  your breach of any representations, warranties, undertakings and/or obligations under this Agreement; 

     (b)  your access to and/or use of any Platform;

     (c)  any inability to access and/or use any Platform, including any delay or failure in submitting, storing, and/or displaying any User Content as a result of any network, communication or system error, any interruption, delay or failure in the Internet line, any delay or failure in the downloading of any content and/or any delay, injury or damage to any property, computer, computer system and/or apparatus relating to or resulting from access to and/or use of the Platform;

     (d)  any access to and/or use of any other website linked to or from any Platform;

     (e)  any product, information, data, software and/or other material obtained from any Platform or from any other website linked to any Platform;

     (f)  any action, instruction, direction, order, request, and/or guideline of a competent supervisory authority, such as the Competition and Consumer Commission of Singapore, the Personal Data Protection Commission of Singapore, and/or the Infocomm Media Development Authority of Singapore, and/or any equivalent or analogous supervisory authority in any other jurisdiction; 

     (g)  any performance and/or non-performance by Third Party Providers of any obligations arising in any way;

     (h)  any matters or Losses disclaimed in this Agreement;

     (i)  Losses which are of an indirect, incidental, consequential, special or exemplary nature of any kind, regardless of the cause thereof; and/or

     (j)  any loss of: (i) revenue; (ii) business and/or business opportunities; (iii) anticipated savings; (iv) profit; (v) data; (vi) goodwill; and/or (vii) value of any equipment.

13.4  To the extent not excluded, and/or to the extent not lawfully excluded, Nikon's maximum aggregate liability for all Claims, suits, demands, actions and other legal proceedings in connection with this Agreement, whether based on an action or Claim in contract, negligence, tort or otherwise, shall not exceed the equivalent of United States Dollars One Thousand Only (USD 1,000).

14.1  You hereby unconditionally undertake to indemnify, defend and hold Nikon, as well as its employees, servants, officers, agents, directors, partners and permitted assigns (each an "Indemnitee") harmless from and against any and all Losses which may be sustained, instituted, made or alleged against (including without limitation any Claim or prospective Claim in connection therewith), and/or suffered or incurred by, any Indemnitee, and which arise (whether directly or indirectly) out of or in connection with: 

     (a)  your breach of any representations, warranties, undertakings and/or obligations under this Agreement; 

     (b)  your access to and/or use of any Platform; 

     (c)  your breach of any applicable law;

     (d)  your violation of any rights, including without limitation intellectual property rights;

     (e)  any action taken by us either as part of our investigation of any suspected breach of this Agreement, or as a result of our finding that a breach of this Agreement has occurred.

14.2  This Clause 14 shall survive the termination or expiration of this Agreement (howsoever caused). 

15.1  Language: This Agreement is drafted in the English language. If this Agreement is translated into any other language, the English language version shall prevail.

15.2  Third Party Providers: Where any functionality, product, information, content, material and/or service originates from or is provided by a third party (each a "Third Party Provider"), and any part of any Platform and/or any functionality, product, information, content, material and/or service provided to you displays, publishes, makes available, incorporates, interfaces with, interoperates with, integrates with, and/or links to (as the case may be) any such functionality, product, information, content, material and/or service (each a "Third Party Element"), you acknowledge and agree that:

     (a)  unless we expressly and specifically state otherwise, Nikon does not endorse any Third Party Providers;

     (b)  Nikon is not responsible for the Third Party Element, and the fullest extent of our obligation in connection with any such Third Party Element is to only facilitate the making available of such Third Party Element (or part thereof) to you on a pass-through basis and "as received" by us;

     (c)  a Third Party Element is the sole responsibility of the person that makes it available, and Nikon is not responsible for it. Any use by you of any Third Party Element is entirely at your own risk. Third Party Elements may have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the access and/or use thereof;

     (d)  Third Party Elements are subject to availability and location serviceability, as well as this Agreement and any additional terms and conditions of the Third Party Providers as may be notified by to you from time to time; and

     (e)  where any Platform contains, or where we provide, links to Third Party Elements outside of our Platforms (for example, links to sites and/or resources by Third Party Providers), such links are provided for your information only. The fact that any Platform contains such links or that we provide such links must not be interpreted as approval by us of those linked functionalities and/or information you may obtain from them. Nikon does not endorse and is not responsible or liable for any content, advertising, product, service and/or material on or available through such externally available Third Party Elements.

15.3  Security, Etc: A Platform may use digital certificates, tokens and/or security credentials, and we are entitled to treat any records thereof as conclusive evidence of your actions on the Platform. Without prejudice to the generality of Clause 13.1, for the avoidance of doubt we do not guarantee that any Platform will be secure or free from bugs or viruses. You are solely responsible for configuring your device(s), information technology, computer programme(s) and platform(s) to access any Platform. It is your responsibility to use an appropriate virus protection software. We cannot guarantee any transmissions made on or through the Internet by you will be secure or confidential. You acknowledge and agree that any content or information you submit or transmit via the Internet may not be protected by encryption, and may be vulnerable to interception during transmission. 

15.4  Assignment/Novation: This Agreement is personal to you and shall not be assigned or novated either as to the whole or any part thereof, without our prior written consent. We may, by notification to you, assign or novate the whole or any part of this Agreement to any party. You shall be deemed to have consented to such assignment or novation (as the case may be), which shall be effective on the date that we notify you.

15.5  Entire Agreement: This Agreement, and the documents referred to in it, embodies the entire agreement and understanding between you and us relating to the subject matter of this Agreement, and supersedes all prior agreements and understandings relating to the subject matter hereof.

15.6  No Partnership: The parties hereto are independent contractors, and nothing in this Agreement shall create, or be deemed to create, a partnership between the parties.

15.7  Illegality / Severability: The provisions of this Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of this Agreement, shall remain valid and enforceable to the fullest extent permitted by applicable law in order to give effect to the intentions of the parties to this Agreement. In addition, due to legal or regulatory restrictions in any jurisdiction, you: (a) may not be able to access and/or use any Platform in or from such jurisdiction; or (b) may be infringing certain legal or regulatory requirements under applicable law when accessing and/or using any Platform in or from such jurisdiction. It is your sole responsibility to ascertain whether any such legal or regulatory restrictions exist, and we shall not be liable for any Losses arising out of your inability to access or use any Platform or any contravention of such legal or regulatory requirements. By accessing and/or using any Platform (or continuing to do the same), you represent and warrant to us that your access and/or use meets all applicable legal or regulatory requirements under applicable law, as well as any applicable Jurisdiction-Specific Terms. Without limiting the generality of anything in this Agreement, we shall have the right to take steps to prevent any Platform from being accessed or used in any jurisdiction as we may determine at our sole and absolute discretion from time to time.

15.8  Force Majeure: Save as otherwise specifically provided in this Agreement, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our control, including acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods, failure of any Third Party Element, any act or omission of any Third Party Provider, and/or breakdowns in electronic and computer information and communications systems ("Force Majeure Event") and in the event of any Force Majeure Event, the time for our performance shall be extended for a period equal to the time lost by reason of the Force Majeure Event which shall be remedied with all due dispatch in the circumstances.

15.9  Further Assurance: You shall do and execute, or procure to be done and executed, all such further acts, deeds, things and documents as may be necessary to give effect to the terms of this Agreement, and to give Nikon the full benefit of this Agreement.

15.10  No Waiver / Cumulative Rights: No omission or delay by Nikon in exercising any or part of its rights under this Agreement shall operate as a waiver thereof. Unless expressly stated otherwise (i.e., expressed to be an exclusive right or remedy), the rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies (whether provided by law or otherwise).

15.11  Third Party Rights: No third party is a third party beneficiary of, or liable under, this Agreement, save that: (a) without limiting the generality of the Contracts (Rights of Third Parties) Act 2001 of Singapore ("CRTPA"), any member of the Nikon Group may, in its own right, enforce any term of this Agreement; (b) the right of Nikon to terminate, rescind or agree to any variation waiver or settlement under this Agreement shall not be subject to the consent of any third party; and (c) except as provided under the foregoing sub-paragraph (a), a person who is not a party to this Agreement has no right under the CRTPA (or other analogous rights of third parties arising under any law (regardless whether under judicial or statutory law, or under any treaty that exists or that may come to exist anywhere in the world)) to enforce any term of this Agreement. 

15.12  Costs: Unless otherwise stated herein, you shall bear your own legal and other costs and expenses of and incidental to this Agreement, and you shall perform all of your obligations under this Agreement at your sole cost and expense. 

16.1  This Agreement and any dispute or Claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore. 

16.2  Any dispute arising out of or in connection with this Agreement, including any question regarding the existence, validity or termination of this Agreement, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure under Rule 14.1 and Schedule 3 of the SIAC Rules. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

17.1  In this Agreement, unless the context otherwise requires: 

     (a)  "Access Credential" means any form of access and/or identification credential, including any combination thereof (including without limitation any username or other login identification name which identifies the holder of a User Account, and any password(s) that such holder has nominated), that is accepted, issued or prescribed by or on behalf of us for use to access a User Account;

     (b)  "Claim" means any claim, action, application, demand, proceeding, threat or any other similar claim;

     (c)  "Loss" or "Losses" includes all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), penalties, fines, charges, fees, expenses, actions, proceedings, damages, Claims, demands and other liabilities, whether foreseeable or not;

     (d)  "Malicious Code" means malicious software or firmware intended to perform unauthorised processes that will have an adverse impact on the confidentiality, integrity and/or availability of a computer system, for example: virus, worm, trojan horse, spyware and forms of adware or other code-based entities that infect a host;

     (e)  "Moral Rights" shall include: (a) the rights described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886, being "droit moral" or other analogous rights arising under any law, that exist or that may come to exist, anywhere in the world, including any rights to claim authorship of any work, to object to or prevent the modification of any work, or to withdraw from circulation or control the publication or distribution of any work, and any similar rights; and (b) any "moral right" as defined under the Copyright Act 2021 of Singapore;

     (f)  "personal data", in relation to data handled by an organisation, shall have the meaning as defined under applicable data protection laws and includes data, whether true or not, about an individual who can be identified from that data or from that data and other information to which the organisation has or is likely to have access;

     (g)  a reference to any "Platform" shall be deemed to include all works, information and materials (including without limitation documents, policies, data, descriptions, names, logos, graphics, images, software, source codes, application programming interfaces, music, audio files or other sounds, photographs, videos, test environments, and images) which Nikon may deploy or use in connection with the Platform; 

     (h)  the words "us", "we" or "our" mean Nikon, and "Nikon Group" means Nikon and its subsidiaries and affiliate companies; 

     (i)  "you" (and its cognates) or "user" means any and each individual who uses and/or accesses any Platform; 

     (j)  all references to any exercise of discretion or judgment by us, the making of a determination or designation by us, the application of our discretion or opinion, the granting or withholding of our consent or approval, the consideration by us of whether any matter or thing is satisfactory or acceptable, or as to its quality, or any decision to be made on our part, shall be at our sole and absolute opinion and discretion, and shall be final and conclusive and binding on you; and

     (k)  (i) the headings are inserted for convenience only and shall not affect the construction of this Agreement; (ii) the term "person" shall include any individual, company, or association or body of persons, regardless whether they are corporate or incorporate; and (iii) unless the context otherwise requires, words in the singular shall include the plural and vice versa and words in a specific gender shall include the other genders (male, female or neuter).

18.1  If you have any questions about this Agreement, or if you wish to provide Feedback, please contact us via email at privacy.Nind@nikon.com.

This Schedule 1 sets out the Jurisdiction-Specific Terms that apply to and govern your access to and/or use of any Platform, in or from Hong Kong. Please note that if you are accessing and/or using any Platform in any country other than Hong Kong, other local laws may apply.

To the extent indicated below, these Jurisdiction-Specific Terms supplement and amend the main body of the Agreement, and form part of the Agreement.

1.  8.6 (Copyright Act Notification) shall be amended to be read as follows:

8.6  The Copyright Ordinance Cap 528 of Hong Kong ("HKSAR Copyright Act") contains provisions related to limiting the liability of network service providers, such as Nikon, who may provide services such as system caching, user storage and/or information location. Where a copyright owner furnishes to Nikon (through Nikon's designated representative(s)) a valid take-down notice in the form prescribed by the Singapore Copyright Act, in respect of Nikon Content, User Content and/or other material on the Platform(s) ("Infringing Material"), Nikon will take reasonable steps to remove or disable access to the relevant Infringing Material in accordance with the HKSAR Copyright Act. Where the person who made available such material furnishes to Nikon a valid restoration notice in the form prescribed by the HKSAR Copyright Act, Nikon will take reasonable steps to restore the relevant material, unless court proceedings are commenced by the copyright owner and Nikon is informed in writing in accordance with the Hong Kong Copyright Act. Should you wish to provide a take-down or restoration notice to Nikon, please ensure that such take-down or restoration notice is in the form prescribed by the Hong Kong Copyright Act. Nikon may not act on any notification that is not a valid notice in the form prescribed by the Hong Kong Copyright Act. Without limiting the generality of the foregoing, we do not consent for you to, and you shall not, send us any notice (in connection with this Clause 8.6 and/or for the purposes of serving a document that is permitted or required by the Hong Kong Copyright Act) via email.

2.  15.11 (Third Party Rights) shall be amended to be read as follows:

15.11  Third Party Rights: No third party is a third party beneficiary of, or liable under, this Agreement, save that: (a) without limiting the generality of the Contracts (Rights of Third Parties) Ordinance Cap 623 of Hong Kong ("CRTPA"), any member of the Nikon Group may, in its own right, enforce any term of this Agreement; (b) the right of Nikon to terminate, rescind or agree to any variation waiver or settlement under this Agreement shall not be subject to the consent of any third party; and (c) except as provided under the foregoing sub-paragraph (a), a person who is not a party to this Agreement has no right under the CRTPA (or other analogous rights of third parties arising under any law (regardless whether under judicial or statutory law, or under any treaty that exists or that may come to exist anywhere in the world)) to enforce any term of this Agreement.

3.  13.3(f) (Disclaimer of Warranties and Liabilities) shall be amended to be read as follows:

     (f)  any action, instruction, direction, order, request, and/or guideline of a competent supervisory   authority, such as the Competition Commission of Hong Kong, the Office of the Privacy Commissioner for Personal Data of Hong Kong, and/or the Office of the Communications Authority of Hong Kong, and/or any equivalent or analogous supervisory authority in any other jurisdiction; 

4.  17.1(e) (Definitions) shall be amended to be read as follows:

     (e)  "Moral Rights" shall include: (a) the rights described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886, being "droit moral" or other analogous rights arising under any law, that exist or that may come to exist, anywhere in the world, including any rights to claim authorship of any work, to object to or prevent the modification of any work, or to withdraw from circulation or control the publication or distribution of any work, and any similar rights; and (b) any "moral right" as defined under the Copyright Ordinance Cap 528 of Hong Kong;

This Schedule 2 sets out the Jurisdiction-Specific Terms that apply to and govern your access to and/or use of any Platform, in or from the Republic of India. Please note that if you are accessing and/or using any Platform in any country other than the Republic of India, other local laws may apply.

To the extent indicated below, these Jurisdiction-Specific Terms supplement and amend the main body of the Agreement, and form part of the Agreement.

Notwithstanding anything contrary in the Agreement, in your use of any Platform you agree that you shall not upload, host, add, share, or in any other manner display on the Platform information or content that:

     (i)       belongs to another person and to which you do not have any right; 

     (ii)      is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence;

     (iii)     may harm children; 

     (iv)     infringes any patent, trademark, copyright or other proprietary rights;

     (v)     deceives or misleads the addressee about the origin of the information or content, or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;

     (vi)    impersonates another person;

     (vii)   threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation; 

     (viii)  contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or

     (ix)    violates any law in force in India.

Any complaints or concerns with regards to content or abuse as per Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 shall be taken up by the designated Grievance Officer. Such complaints may be made by writing to the Grievance Officer on the email address as provided below.

Name: Data Compliance Team

Email Address: Privacy.Nind@nikon.com

Postal Address: Nikon India Private Limited, Plot Number 71, Sector 32, Institutional Area, Gurgaon – 122001, Haryana, India

Without prejudice to any other provisions within the Agreement, Nikon reserves the right to seek injunctive relief from courts of appropriate jurisdiction located within the territory of the Republic of India.

This Schedule 3 sets out the Jurisdiction-Specific Terms that apply to and govern your access to and/or use of any Platform, in or from Thailand. Please note that if you are accessing and/or using any Platform in any country other than Thailand, other local laws may apply.

To the extent indicated below, these Jurisdiction-Specific Terms supplement and amend the main body of the Agreement, and form part of the Agreement.

1.  Clause 1.6 shall be amended to read as follows:

1.6  By using the Platforms, you confirm that you are at least 20 years of age or have reached the relevant age of majority under Thai law. You also acknowledge that it is your sole responsibility to provide accurate information regarding your age to Nikon.

If you are under the age of 20 and not legally emancipated under Thai law (a "Minor"): (a) you must obtain permission from a parent or a legal representative (if applicable) to use and/or access any Platform; (b) that parent or legal representative (as the case may be) must agree to this Agreement on your behalf; and (c) you must only use and/or access any Platform in conjunction with and under the supervision of that parent or legal representative (as the case may be).

2.  The original Clause 9.4 shall be renumbered to Clause 9.5.

3.  Clause 9.4 shall be replaced with the following:

9.4  Nikon will process the personal data of Minors in accordance with applicable law and implement appropriate measures to maintain the security of such personal data. In the event Nikon learns that it has unintentionally collected a Minor’s personal data without consent or without relying on other legal bases, Nikon will delete such data as promptly as possible and may suspend or terminate your access to and/or use of a Platform, unless Nikon is permitted to process such personal data under an exception to the consent requirement in accordance with applicable law. 

This Schedule 4 sets out the Jurisdiction-Specific Terms that apply to and govern your access to and/or use of any Platform, in or from the United Arab Emirates ("UAE"). Please note that if you are accessing and/or using any Platform in any country other than the UAE, other local laws may apply.

To the extent indicated below, these Jurisdiction-Specific Terms supplement and amend the main body of the Agreement, and form part of the Agreement.

1.  1.6 shall be amended to be read as follows:

1.6  If you are younger than 21 years of age (a "Minor"): (a) you must obtain permission from a parent or a legal guardian (if applicable) to use and/or access any Platform; (b) that parent or legal guardian (as the case may be) must agree to this Agreement; and (c) you must only use and/or access any Platform in conjunction with and under the supervision of that parent or legal guardian (as the case may be).

2.  8.6 (Copyright Act Notification) shall be amended to be read as follows:

8.6  Where a copyright owner furnishes to Nikon (through Nikon's designated representative(s)) a valid take-down notice in respect of Nikon Content, User Content and/or other material on the Platform(s) ("Infringing Material"), Nikon will take reasonable steps to remove or disable access to the relevant Infringing Material in accordance with applicable law. Where the person who made available such material furnishes to Nikon a valid restoration notice, Nikon will take reasonable steps to restore the relevant material, unless court proceedings are commenced, and Nikon is informed in writing in accordance with applicable law. 

3.  13.3(f) (Disclaimer of Warranties and Liabilities) shall be amended to be read as follows:

     (f)  any action, instruction, direction, order, request, and/or guideline of a competent supervisory authority, such as the Telecommunications and Digital Government Regulatory Authority (TDRA) of the UAE, the UAE Ministry of Economy, and/or any equivalent or analogous supervisory authority in any other jurisdiction;

4.  15.11 (Third Party Rights) shall be amended to be read as follows:

15.11  Third Party Rights: No third party is a third party beneficiary of, or liable under, this Agreement, save that: (a) without limiting the generality of the UAE Civil Transactions Law (Federal Decree by Law No. 5 of 1985) ("UAECTL"), any member of the Nikon Group may, in its own right, enforce any term of this Agreement; (b) the right of Nikon to terminate, rescind or agree to any variation waiver or settlement under this Agreement shall not be subject to the consent of any third party; and (c) except as provided under the foregoing sub-paragraph (a), a person who is not a party to this Agreement has no right under the UAECTL (or other analogous rights of third parties arising under any law (regardless whether under judicial or statutory law, or under any treaty that exists or that may come to exist anywhere in the world)) to enforce any term of this Agreement.

5.  17.1(e) (Definitions) shall be amended to be read as follows:

     (e)  "Moral Rights" shall include: (a) the rights described in Article 6 bis of the Berne Convention for Protection of Literary and Artistic Works 1886, being "droit moral" or other analogous rights arising under any law, that exist or that may come to exist, anywhere in the world, including any rights to claim authorship of any work, to object to or prevent the modification of any work, or to withdraw from circulation or control the publication or distribution of any work, and any similar rights; and (b) any "moral right" as defined under the UAE Copyright Law (Federal Decree Law No. 38 of 2021);