AGREEMENT TO USE OF IMAGES AND TERMS AND CONDITIONS. By my reply of “yes,” “#NikonYes” or similar indication of agreement to Nikon Inc.’s (“Nikon”) or its representative’s request, via a web link, PDF file or otherwise, to use image(s), photograph(s) and/or video(s) that I (or “I” and/or “me” as used in these Terms) have posted online to a social media platform and identified with the hashtag “#nikonlove” or “#nikonloveny” (collectively, the “Images”) I indicate my consent and permission for Nikon to use my Images and further my agreement with these Terms and Conditions (these “Terms”). By my reply of “yes,” “#NikonYes” or similar indication of agreement to Nikon Inc.’s (“Nikon”) or its representative’s request, via a web link, PDF file or otherwise, to use image(s), photograph(s) and/or video(s) that I (or “I” and/or “me” as used in these Terms) have posted online to a social media platform and identified with the hashtag “NikonLove” and/or “#NikonLoveNY” (collectively, the “Images”) I indicate my consent and permission for Nikon to use my Images and further my agreement with these Terms and Conditions (these “Terms”). By replying “yes” or “#NikonYes” as stated above in these Terms, I acknowledge, confirm and agree that I have fully read, understand, and are bound by these Terms.
GRANT OF RIGHTS. I hereby grant to Nikon Inc., its parent companies, subsidiaries and affiliated companies, and their respective officers, directors, employees, licensees, agencies, successors and assigns (collectively, the “Licensees”) the non-exclusive, worldwide, perpetual, royalty-free, fully paid-up right, license and permission to display, post, publish, distribute, exhibit, reproduce, modify and/or otherwise use the Images and/or my name, likeness, handle, and text in connection with such Images (collectively, the “Content”) on Nikon’s websites, microsites and social media properties, including but not limited to www.nikonusa.com, www.nikonlove.com, and Nikon’s verified/official pages on Facebook, Twitter, Instagram, Vimeo, Google+, YouTube and/or Flickr (collectively, the “Websites”), for marketing, trade, advertising, promotional, public relations or any other purposes. I agree that I shall have no right of approval and no claim to compensation arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content. I irrevocably and voluntarily waive any and all “moral rights” I may have in the Content.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. I represent, warrant and agree that: (a) I am at least 18 years old, (b) I am the sole creator and owner of the Content and have the right to grant the rights under these Terms; (c) neither the Content nor the use of the Content by the Licensees will infringe upon, misappropriate and/or violate any applicable laws and/or any intellectual property, proprietary rights and/or other rights of any third party, including without limitation, any right of privacy, publicity, trademark and/or copyright;(d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, insulting, bullying, slanderous, or libelous or otherwise depicts inappropriate behavior or physical injury or death to living beings; (e) I have a written release(s) from any owner(s) of music or other intellectual property contained in the Images, as well as a written model or privacy release(s) from any and all individuals appearing in the Images; and (f) I am the authorized account holder of the social media platform where I have posted the Images and where I have indicated my consent and permission and agreement to these Terms as described above. I hereby agree to indemnify and hold the Licensees harmless from and against any and all claims, actions or proceedings of any kind and further from any and all damages, liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees) relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder.
NO OBLIGATION TO USE. I understand and agree that Licensees shall have no obligation to use the Content (or any part thereof) in any way, and that Licensees may remove the Content (or any part thereof) from some and/or all of the Websites at any time for any reason or for no reason in Licensees' sole discretion.
REMOVAL OF CONTENT. If I want my Content removed from the Websites, I will send a request to the following email address: Nikonsocial@mww.com. I understand and agree that it may take up to seventy-two (72) hours for such removal to occur.
RELEASE AND LIMITATION OF LIABILITY. I acknowledge and agree that the Licensees are not responsible for, and I hereby release all of the foregoing from, any actions, claims, proceedings, expenses, costs, losses, liabilities, and/or damages of any kind and nature (collectively, “Damages”) arising from or in connection with the Content, including without limitation, Damages related to personal injuries, death, damage to, loss or destruction of property, and/or any Damages related to or based on these Terms and/or the rights granted hereunder. The Licensees assume no responsibility for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. UNDER NO CIRCUMSTANCES WILL I BE PERMITTED TO OBTAIN ANY AWARD FOR, AND I HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT AND/OR CONSEQUENTIAL DAMAGES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, IN NO EVENT SHALL NIKON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND ACTIONS (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED $250.00. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN CONSUMER PROTECTION NOTICE SECTION 10 BELOW.
GOVERNING LAW. You agree that these Terms and any dispute or action relating to any Content contained on or used in connection with the Websites will be governed by and construed in accordance with the laws of the State of New York and the United States, as such laws are applied to agreements entered into and to be performed entirely within New York State between New York State residents, without regard to New York State’s conflict of laws principles. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN CONSUMER PROTECTION NOTICE SECTION 10 BELOW.
DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER. You and Nikon each agree that any legal or equitable claim, dispute or controversy relating to or arising from any Content contained on or used in connection with the Websites or the interpretation, enforceability or applicability of these Terms (collectively a “Claim”) will be resolved as follows:
INFORMAL RESOLUTION: You and Nikon will first attempt to resolve any Claim informally. In the event that any Claim arises between you and Nikon, you or Nikon as the case may be, must send to the other a notice of Claim which indicates in writing the name, address and contact information of the party sending the notice of Claim; the facts and any other relevant information pertaining to the Claim; and the party’s proposed resolution as to the Claim. You must send any notice of Claim to Nikon as follows: Nikon Inc., 1300 Walt Whitman Road, Melville, New York 11747, Attention: Arbitration Claim/Legal Department. Nikon will send any notice of Claim to you at the contact information that Nikon has for you. You and Nikon agree to try to promptly resolve any Claim informally. In the event a Claim is not resolved within 60 days after either you or Nikon as the case may be, receives a notice of Claim from the other, you or Nikon can request arbitration. Notwithstanding the requirement to arbitrate all Claims, you may commence an individual Claim in small claims court in lieu of arbitration.
FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION BEFORE A JUDGE OR JURY. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In the event that you and Nikon do not resolve a Claim informally or in small claims court, the Claim shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.
The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator may award the same damages and relief to you individually as a court could, as it must honor the same limitations stated in these Terms as a court would. Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. If you decide to initiate arbitration, Nikon agrees to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. You and Nikon agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. Arbitration will be held at a location near your place of residence if possible, unless you and Nikon both agree to another location or to telephonic arbitration. To initiate arbitration, you or Nikon must do the following things:
Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018.
Send one copy of the Demand for Arbitration to the other party. You should send the Demand for Arbitration to Nikon as follows: Nikon Inc., 1300 Walt Whitman Road, Melville, New York 11747, Attention: Arbitration Claim/Legal Department. Nikon will send any Demand for Arbitration to you at the contact information that Nikon has for you.
Special Rules in the arbitration proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Nikon shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity, or in any other proceeding in which either you or Nikon proposes to act in a representative capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Nikon agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.
LIMITED TIME TO FILE CLAIMS. You agree that you will assert any Claim within one (1) year after the Claim arises, or such Claim will be barred. PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 10 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
CONSUMER PROTECTION NOTICE; EXCLUSIONS AND LIMITATIONS. IF YOU ARE A CONSUMER, THE PROVISIONS IN THESE TERMS ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF YOUR STATE OF RESIDENCE. IF YOU ARE A NEW JERSEY CONSUMER, THE TERMS OF SECTIONS 6, 7 AND 9 DO NOT LIMIT OR WAIVE YOUR RIGHTS AS A CONSUMER UNDER NEW JERSEY LAW AND THE PROVISIONS IN THESE TERMS ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW JERSEY. IN ANY EVENT, NIKON RESERVES ALL RIGHTS, DEFENSES AND PERMISSIBLE LIMITATIONS UNDER THE LAW OF YOUR STATE OF RESIDENCE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL MODIFY SUBSECTION 8.B. (“FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER”).