Terms of Use

NikonClub Terms and Conditions of Use ("Terms of Use") 

Please read these Terms of Use carefully. By accessing and/or using these web pages of Nikon Singapore Pte Ltd ("Nikon"), at the URL/domain name https://www.nikonclub.com.sg/ (the "Site") and/or any contents or services therein, you, as a user of the Site, hereby accept and agree to abide by these Terms of Use, and any additional terms & conditions and/or Site Policies governing specific services provided on the Site (including but not limited to the Nikon Rewards and Redemption Terms and Conditions, the NikonClub Privacy Policy (accessible at https://www.nikon.com.sg/en_SG/about/privacy), the Nikon Warranty Terms and Conditions, the NikonClub Captures Policy, and the NikonClub Contest and Promotions Policy, and such other terms and conditions/Policies which may be added from time to time).

If you do not reside in Singapore, please note that the services provided via our website may not be intended for you. In such case, please access the appropriate website of other Nikon Group subsidiaries based on your country / region of residence. 

Nikon reserves the right in its sole and absolute discretion to modify without prior warning or notice the Terms of Use and Nikon's Site Policies. You agree that your continued use of the Site after such modification shall constitute acceptance of the modifications to abide by and be bound by such modifications. As such, Nikon recommends and advises you to visit this web page to review the prevailing Terms of Use and/or Site Policies.

If you do not agree with any of the above, please discontinue your use of the Site and/or any content or services therein and do not register to be a member of NikonClub.

If you agree with the Terms of Use, please click on the "I agree" icon at the end of this page and proceed with the registration process.

 

I. PERSONAL DATA

 

1. By agreeing to these Terms of Use, you consent and agree that:

1.1       Nikon may collect, use and disclose your personal data (including your name, gender, contact number and email address) provided in your registration form for the purposes of:

              (a) maintaining Nikon’s records relating to you and your participation as a member of NikonClub; and/or

              (b) operating NikonClub and facilitating Nikon’s provision of benefits to you in connection with your membership of NikonClub;

               in accordance with and subject to the terms of our Privacy Policy (accessible at http://www.nikon.com.sg/en_SG/about/privacy).

1.2       The personal data / information supplied by you or collected from you may also be transferred to and/or within Nikon Corporation and its subsidiaries (which includes Nikon) in different jurisdictions (collectively, the “Nikon Group”) for the purposes set out at Clause 1.1 above.

1.3       Nikon may disclose and/or share your personal data with our third party service providers and/or data processors to process or back up your personal data, provide customer service or address your enquiries and/or conduct customer research or customer satisfaction services (which could include contacting you for your feedback regarding your experience with our services). As a result, we may disclose your personal data to our third party service providers' or our data processors' overseas facilities.

1.4       Subject to the terms of our Privacy Policy, you may, at any time:

           (a)  access your personal data to correct, update, restrict, anonymise, block or have us delete it (unless we are legally obliged to keep it),

           (b)  request that we send you a copy of your personal data,

           (c)   request that we transfer your personal data to another person, organisation or business of your choosing or

           (d)   withdraw your consent to our continued use and disclosure of your personal data, 

           in accordance with our Privacy Policy (accessible at http://www.nikon.com.sg/en_SG/about/privacy). 

1.5       In the event you withhold or withdraw your consent, you acknowledge and agree that this may result in Nikon being no longer able to provide the requested services to you as a consequence, and Nikon will be entitled to cease the provision of such services to you without incurring any liability on its part.

 

 

II. GENERAL TERMS AND CONDITIONS

 

1. DEFINITIONS

“Agreement”

Shall mean the Terms of Use and any additional terms and/or Site Policies which may be applicable at different stages of usage of the Site.

"Content”

Shall refer to all and any information, materials and/or images that a Member posts, uploads or transmit on or through the Site

“Products”

Shall mean any and all goods and services advertised and/or promoted by Nikon or any third party on the Site

"Member"

Shall mean a member of the NikonClub

"Membership"

Shall refer to membership of the NikonClub

"Membership ID"

Shall refer to the NikonClub user ID that is created upon registration of Membership.

"Policies"

Shall refer to the Nikon Site policies which are applicable at different stages of usage of the Site.

"Nikon"

Shall refer to Nikon Singapore Pte Ltd

“Services”

Shall refer to all services provided by Nikon to Members within the Site. This includes but is not limited to Hot Shots, Photopedia, Fun & Games, the sale of Products, redemption of NikonClub Rewards Points, and any such services which may be added from time to time to the Site.

“Site”

Shall refer to the URL/domain name https://www.nikonclub.com.sg and/or any contents or services therein

 

2. SCOPE OF THIS AGREEMENT

2.1      The Terms of Use govern Membership and the use of the Site and/or the Content or Services therein.
 
2.2       In addition, use of any and all Services and/or Content on the Site and any purchase of Products arising out of or in connection with use of the Site is also governed by any applicable separate terms and conditions and/or Site Policies, without prejudice to the Terms of Use. 

2.3       By accessing the Site, Members agree to comply with and observe all applicable laws, regulations, codes of practice and directives including without limitation the laws of the Republic of Singapore in connection with access to, and use of, the Site.

2.4       By accessing and/or performing transactions on the Site, Members are deemed to be a user of the Site. These Terms of Use are applicable to the Site, but not necessarily to other Nikon web sites on the World Wide Web. When leaving the Site, please read any terms and/or guidelines of use applicable to such web sites to ensure that you agree with the terms and/or guidelines of use applicable to that web site.

2.5       Nikon controls and maintains the Site from the Republic of Singapore and Nikon makes no representation that the Content contained herein is appropriate or available for use in other locations/jurisdictions.

2.6       Nikon shall not be under any obligation of confidentiality to Members regarding Content posted, uploaded or transmitted to Nikon on the Site unless agreed otherwise in a separate direct contract between the Member and Nikon or as required by law.

2.7       All areas and portions of the Site are considered public and, as such, there is no expectation of privacy or confidentiality. Nikon reserves the right to maintain, and make use of chat logs, and any other means that it deems in its sole and absolute discretion necessary and/or appropriate, to ensure that users of the Site are complying with the Terms of Use and/or any applicable Site Policies.

3. ELIGIBILITY

3.1        Membership is only open to owners of the following Nikon manufactured items:
             3.1.1          Digital camera (either a DSLR, COOLPIX or Nikon 1 camera);
             3.1.2          Film camera ( either an SLR or compact film camera);
             3.1.3          Nikon lens;
             3.1.4          Speedlight


3.2        Membership is strictly country and area specific and the Site is intended for users residing in the Republic of Singapore. If, at any time, you are no longer residing in the Republic of Singapore, please inform Nikon promptly by e-mailing us at nikonclubsg@nikon-asia.com or calling us at (65) 6559 6360. Nikon will reply to you with details of how your Membership may be affected or terminated by Nikon.

3.3        Members must be aged eighteen (18) years old or older. In the event that you are younger than eighteen (18), you must obtain the consent of your parents/guardians, in respect of your use of the Site. 

3.4        Members must be individual persons and not corporate entities

3.5        One Membership is allowed per person.  

3.6        Membership is only effective when your online registration is accepted and communicated to you via email acknowledging the new Membership.

3.7        You will create a Membership ID and password that shall be used by you for all your transactions on the Site.

 

4. ACCOUNT SECURITY

4.1       Membership is non-transferable, whether temporarily or permanently. Only registered Members may access the Services on the Site. 

4.2       You shall not acquire any rights to your Membership ID or password selected by you or assigned to you by Nikon. Nikon reserves the right to change the same, at its sole discretion, without being liable to you for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, punitive, exemplary or consequential) suffered.

4.3       You are solely responsible for any and all activities and transactions performed under your Membership ID. This includes but is not limited to any and all use of the Services and for any and all Content posted, promoted or transmitted under your Membership ID. 

4.4       Any transaction or use of the Site under your Membership ID which is authenticated by your password shall be deemed to be by you, on your behalf or as your agent, with due authorization from you at all times. Any transaction made on the Site under your Membership ID shall be binding on you. 

4.5       Use of the Site by any unauthorized personnel is prohibited. 

4.6       You are solely responsible for the confidentiality of your Membership ID and password (including but not limited to changing your password from time to time and not releasing the information to third parties). 

4.7       You shall notify Nikon immediately if you become aware of, or have any reason to believe, that there is any unauthorized use of your Membership ID or any other breach of security. You agree to co-operate with Nikon in all such security investigations and to indemnify, defend and hold harmless Nikon for any liability or expense arising from such use or misuse. Nikon cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

4.8       Nikon reserves the right to suspend access or change access to your account upon notification by you that your password has been lost, stolen or otherwise compromised.

4.9       Nikon reserves the right to delete accounts which are inactive at its sole and absolute discretion without any prior notice.

 

5. GRANT OF LICENCE TO NIKON

5.1       You acknowledge that by posting, uploading, transmitting or submitting any Content on or through the Site, you automatically grant Nikon (and its related entities) an irrevocable, perpetual, non-exclusive, transferable, worldwide, royalty-free licence to use, store, copy, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, incorporate into other works and publicly perform or display that Content for any purpose whatsoever, within the NikonClub Site.

5.2       In respect of any information or Content which you submit to Nikon using the Site, you agree that such information or materials are non-proprietary and non-confidential. You hereby agree to grant Nikon, companies within the Nikon group and its affiliates, an irrevocable, perpetual, non-exclusive, transferable, word-wide, royalty-free licence (with the right to sublicence) to use such information or Content for any purpose it deems necessary, including without limitation, the copying, transmission, distribution, broadcast and publication thereof, unless restricted by applicable law. 

5.3       In addition, you hereby grant to Nikon, companies within the Nikon group and its affiliates a word-wide perpetual right to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any Content submitted to Nikon for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products using such information or materials. Nikon shall also be entitled to make use of, to publish and to make available, in any way, any demographical and statistical data it collates from your usage of the Site.

 

6. MEMBER'S RESPONSIBILITIES

6.1       You shall be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Site and you shall provide at your own expense all facilities or resources necessary for such proper access. 

6.2       You are solely responsible for the use of the Services, and for any Content posted, uploaded or transmitted through the Site, under your Membership ID. You will be solely and fully responsible for any and all aspects of the Content submitted, including but not limited to its legality, appropriateness, and non-infringement of third party intellectual property rights.


6.3       You must not use or allow any part of the Services to be used:
            6.3.1          to post, upload or transmit any Content which violates any applicable laws, rules, regulations and/or codes of practice issued by the Media Development Authority of Singapore;
            6.3.2          to post, upload or transmit any Content which violates any terms, rules or Policies which are applicable or made available or communicated to you in any manner;
            6.3.3          to post, upload or transmit any Content that may be illegal, harassing, libelous, defamatory, abusive, threatening, disruptive, harmful, hateful, vulgar, obscene, profane, threatening, racially or ethnically offensive or otherwise as determined by Nikon in its sole discretion to be objectionable. This includes but is not limited to any material that depicts nudity and/or persons engaged in sexual activity, promotes or depicts extreme violence or cruelty, or glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance;
            6.3.4          to post, upload or transmit any Content which is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable laws;
            6.3.5          to post, upload or transmit any propagation, promotion or discussion of political or religious issues which may incite political or racial disharmony;
            6.3.6          to post, upload or transmit any Content which may violate the rights of any person;
            6.3.7          to post, upload or transmit any Content protected by any intellectual property right or other proprietary rights of any party without obtaining permission from the relevant intellectual property right or rights owner.
            6.3.8          to post, upload or transmit any unsolicited or unauthorized advertising or promotional materials or any other form of solicitation, including but not limited to spam, junk mail or distributing mail to any party who has not given express consent to be included in the distribution;
            6.3.9          to post, upload or transmit any advertisements, including but not limited to any advertisements related to or in connection with any tobacco and/or tobacco-related products prohibited under the Smoking (Control of Advertisements and Sale of Tobacco) Act (Cap. 309);
            6.3.10      10 to post, upload or transmit any Content containing viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or disruptive programs;
            6.3.11      to post, upload or transmit any Content for the furtherance of games and lotteries unless licensed under applicable laws, analysis, commentaries or tips for the purposes of gambling, prostitution or other immoral activities;
            6.3.12      to engage in abusive behaviour. Such abusive behaviour includes but is not limited to obscene, racist, and other offensive language, harassment of other Members, or purposefully disrupting the Site through means such as scrolling and impersonating another Member;
            6.3.13      to acquire or attempting to acquire passwords, financial or personal data / information from Members;
            6.3.14      to use an obscene or offensive handle or name;
            6.3.15      to engage in actions designed to disrupt or otherwise reduce other Members' enjoyment of the Site;
            6.3.16      to interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
            6.3.17      to create any other circumstances whereby other Members are affected in their access to, and use of, the Site;
            6.3.18      to post, upload or transmit any Content containing or relating to personal data / information in a manner which contravenes the Personal Data Protection Act (or its regulations) and/or advisory guidelines issued by the Personal Data Protection Commission.

6.4       Nikon reserves the right to, in its sole and absolute discretion, to delete any Content which Nikon determines to be in violation of the Terms of Use and/or Policies and/or in some or any way objectionable as determined by Nikon.
 

 

7. SITE CONTENTS

7.1       You acknowledge that:
             7.1.1       information and materials which you find published on the Site may be the property of Nikon or others, and may be protected by and/or contain various intellectual property rights, including without limitation copyrights and trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials; and/or
             7.1.2       from the Site, you can access third party Internet sites and services. You acknowledge that Nikon has no control over such third party Internet sites and services, and that Nikon is not responsible or liable in any way for any activities and/or content of such third party Internet Sites.
             7.1.3       Nikon is the owner of any and all rights and interests (including without limitation copyrights) of Contents in the Site.


7.2        You are solely responsible for any and all Content published on the Site under your Membership ID. 

7.3        You warrant that all Content submitted for publication or posting on the Site does not violate or infringe any copyright, trademark, patent, design right, personal data rights or other statutory, common law or proprietary rights of others.

7.4        Nikon reserves the right, in its sole and absolute discretion, but is under no obligation, to refuse to post, delete or edit any information that you submit or enter into the Site. You agree that you will not hold, nor seek to hold, Nikon liable for the loss of data or the misappropriation or infringement of any intellectual property right to which you claim ownership.
 

7.5       Where expressly provided for by Nikon on the Site, some contents may be available for download by you ("Fun & Games"). Nikon hereby grants you a non-exclusive, limited, non-transferable, royalty-free right to download the content for your personal and non-commercial use only. You shall not sub-license, distribute, adapt, modify, create derivative works from, decompile, reverse engineer the content without the prior written consent of Nikon.

 

8. PROVISION OF INFORMATION

8.1       You are required to provide information about yourself for registration or otherwise which is complete and accurate. You may update the information online from time to time under "My Account" or by contacting Nikon at nikonclubsg@nikon-asia.com.

8.2       You must promptly inform Nikon of any:
            8.2.1 breaches of security, including loss, theft, or unauthorised disclosure or use of your Membership ID or password; or
            8.2.2 changes in your e-mail address.
Until Nikon receives notice of a breach of security, you remain fully liable for any unauthorised use under your Membership ID.

 8.3      Until Nikon receives notice of a breach of security, you remain fully liable for any unauthorised use under your Membership ID.

9. AVAILABILITY OF PRODUCTS

9.1       Features and specifications of Products advertised, provided and/or made available on the Site are subject to change at any time without notice. Without limiting the generality of the foregoing, Nikon draws your attention to the following:
          9.1.1       weights, measures, colours and sizes provided are only approximates;
          9.1.2       all monitor screen measurements are taken diagonally; and
          9.1.3       all monitor screen images provided are simulated pictures unless otherwise indicated.

9.2     While Products advertised, provided and/or made available on the Site are generally available for purchase in Singapore, nothing on the Site shall imply, represent or warrant that such Products are or will be available at the various local Nikon authorised representatives in Singapore. You should therefore check with your local Nikon authorised representative for specific product availability in your locality.

9.3       Only orders for Products on the Site that are accepted by Nikon shall constitute a legal, valid and binding contract between yourself and Nikon.

9.4 The processing of the orders for the Products, their delivery and provision shall be subject to a separate set of terms and conditions from the Terms of Use. Similarly, any warranties or repair or refund policies (if any) on the Products are also addressed separately. See our Terms of Sale for additional terms and conditions regarding the sale and purchase of Products on the Site.

9.5       The possession, distribution, circulation, importation or other dealing with such Products that are available on the Site may be subjected to the laws and regulations of other countries and jurisdictions. It is your responsibility to ensure that any such dealings with such Products is in compliance with all applicable laws and regulations of the relevant countries and jurisdictions, including such licensing, intellectual property, taxation, revenue, customs, import and export control laws of such relevant countries and jurisdictions, and to observe all such laws and regulations.

 

10. NIKON CLUB REWARDS & REDEMPTION

10.1       Points shall be awarded to the Member based on the activities and/or Services the Member participates in under his/her Membership ID within the Site.

10.2       The Points structure is subject to change without any notice or warning on the part of Nikon. Nikon is not responsible for informing Members of any change in the Points structure.

10.3       See our NikonClub Rewards and Redemption Terms and Conditions for the terms and conditions governing our rewards system and redemption of rewards.  

 

11. INTELLECTUAL PROPERTY

11.1       All Contents of the Site including, but not limited to the text, graphics, links and sounds are the copyright of Nikon or its licensors. Although Nikon authorises you to view and access the Contents of the Site solely for your personal and non-commercial use, you may not otherwise copy, download, distribute, display, perform, adapt, modify, publish, create derivative works from, decompile, reverse engineer or otherwise deal with in any way all or any of the contents of the Site without the prior written consent of Nikon.

11.2       All marks, names and logos (whether registered or unregistered), including but not limited to "NikonClub", "Nikon", "COOLPIX" and "COOLPIX CONNECT" used on the Site (unless otherwise stated) are trademarks, service marks and intellectual property rights held by Nikon and/or companies within the Nikon group. No permission or licence is granted to use any such trade mark, service mark or intellectual property right without the prior written consent of Nikon, companies within the Nikon group or its legal representatives (as the case may be).

 

12. TERMINATION

12.1       Nikon has the sole and absolute discretion to terminate your Membership or take any other action it deems necessary and/or appropriate, if it believes that you have violated any of the terms of this Agreement.

12.2       Nikon may terminate or suspend your access to and use of the Site at any time, without liability and for whatsoever reason or cause, without notice.

12.3       In the event of termination of your Membership for any reason, you will remain obligated not to violate the rights of any person or entity with respect to any materials you may have downloaded from the Site.

 

13. NO WARRANTIES

13.1       Nikon makes no warranties on the future availability of any Content on the Site. Nikon reserves the right to modify or discontinue any Content on the Site at any time, for any reason, without any advance notice to Members.

13.2        Nikon does not guarantee that any e-mails sent from the Site will be received by you or received by Nikon if sent by you nor does Nikon warrant the privacy and/or security of e-mails during Internet transmission.

13.3        NIKON MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY THAT THE PRODUCTS ADVERTISED, PROVIDED AND/OR MADE AVAILABLE ON THE SITE INCLUDING THE DOWNLOADABLE CONTENT ARE OF GOOD TITLE, CORRESPOND WITH DESCRIPTION, MERCHANTABLE, OF SATISFACTORY FITNESS OR QUALITY FOR ANY GENERAL OR PARTICULAR PURPOSE. NIKON IS NOT UNDER ANY OBLIGATION TO PROVIDE ANY WALK-IN, HOUSE CALL, BACKUP OR TECHNICAL SUPPORT OR ANY OTHER POST-SALE SERVICE. ALL PRODUCTS MADE AVAILABLE TO YOU SHALL BE THE SUBJECT MATTER OF A SEPARATE CONTRACT BETWEEN YOURSELF AND NIKON. FURTHER, NIKON SHALL NOT IN ANY WAY BE RESPONSIBLE FOR THE NON-RECEIPT OF ANY ORDER YOU MAKE, OR ANY DELAY IN THE DELIVERY OF ANY PRODUCT YOU MAY ORDER.

13.4       NIKON MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SITE AND ITS OPERATION, OR THE CONTENT CONTAINED OR REFERRED TO ON EACH PAGE HEREIN INCLUDING THE DOWNLOADABLE CONTENT. THE SITE AND ITS AVAILABLE MATERIALS AND INFORMATION INCLUDING THE DOWNLOADABLE CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE’ BASIS.  

13.5       NIKON MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR CONDITION IN RESPECT OF ANY ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OF ANY SOFTWARE, COMMUNICATIONS, TRANSMISSIONS, INFORMATION, DATA, PRODUCT OR SERVICE PROVIDED PURSUANT TO THE SITE.

13.6       NIKON EXPRESSLY EXCLUDES ANY WARRANTY, TERM OR CONDITION WHICH MAY BE IMPLIED OR INCORPORATED WITHIN THESE TERMS OF USE BY REASON OF STATUTE OR COMMON LAW OR OTHERWISE (INCLUDING WARRANTIES AS TO DESCRIPTION, MERCHANTABILITY, SUITABILITY, SATISFACTORY QUALITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE), EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FOR FRAUD.

 

14. INDEMNITY

14.1       YOU AGREE TO INDEMNIFY AND HOLD NIKON, COMPANIES WITHIN THE NIKON GROUP, ITS AFFILIATES, CONTENT PROVIDERS AND THEIR OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIMS AND EXPENSES, INCLUDING ANY LEGAL EXPENSES, ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THIS AGREEMENT, INCLUDING ANY ABUSIVE OR UNLAWFUL BEHAVIOUR ON THE PART OF YOU OR ANYONE USING YOUR MEMBERSHIP ID OR PASSWORD, AND/OR THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON IN CONNECTION WITH YOUR USE OF ANY PORTION OF THE SITE OR YOUR MEMBERSHIP ID.

 

15. EXCLUSION/LIMITATION OF LIABILITY

15.1       Please note that your participation in the NikonClub Site is at your own risk and Nikon neither assumes nor accepts any liability or responsibility for any direct, indirect, incidental or other loss or damage whatsoever arising out of your access to or use of any part of the Site. Nikon assumes no responsibility, and shall not be liable, for any damage your computer equipment or other property, or for any loss or corruption of data arising from your access to, use of, uploading or downloading of any Content to or from the Site, howsoever caused, whether by reason of software and/or hardware issues, including but not limited to viruses, Trojan horses, worms, software bombs or similar items or processes.

15.2       NIKON ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR USE OF THE SITE, HOWSOEVER ARISING, AND INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY IN, OF, OR ON THE PART OF (AS IS APPLICABLE) THE SITE OR ITS CONTENTS, THE DOWNLOADABLE CONTENT OR DUE TO ANY UNAVAILABILITY OF THE SITE OR ANY PART THEREOF OR ANY CONTENTS OR ASSOCIATED PRODUCTS OR SERVICES.

15.3       WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THE TERMS OF USE AND TO ANY OTHER RIGHTS AND REMEDIES WHICH NIKON MAY POSSESS, YOU HEREBY AGREE TO INDEMNIFY AND HOLD NIKON HARMLESS AT ALL TIMES AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS, EXPENSES (INCLUDING ALL LEGAL COSTS ON A FULL INDEMNITY BASIS), DEMANDS, LIABILITIES, LOSSES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) AND DAMAGES (WHETHER IN TORT, CONTRACT OR OTHERWISE) WHATSOEVER AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION CLAIMS MADE BY THIRD PARTIES AND CLAIMS FOR DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, DEATH, BODILY INJURY, WRONGFUL USE OF COMPUTERS, UNAUTHORISED OR ILLEGAL ACCESS TO COMPUTERS (INCLUDING BUT NOT LIMITED TO HACKING), PROPERTY DAMAGE OR PECUNIARY LOSSES WHICH NIKON MAY SUSTAIN, INCUR, SUFFER OR PAY ARISING OUT OF, IN CONNECTION WITH OR PURSUANT TO YOUR ACCESS TO AND/OR YOUR USE OF THE SITE, WHETHER OR NOT SUCH ACCESS OR USE WAS AUTHORISED OR WHETHER IT WAS DUE TO ANY ACT OR OMISSION ON YOUR PART. FOR THE PURPOSES OF THIS CLAUSE, ANY REFERENCE TO THE USE OF THE SITE SHALL INCLUDE BUT IS NOT LIMITED TO THE DOWNLOADABLE CONTENT OR THE PURCHASE OF ANY PRODUCT BY YOU.

15.4       NIKON SHALL NOT HAVE ANY LIABILITY FOR ANY DELAY OR DEFAULT IN ITS OPERATION OF THE SITE CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL INCLUDING BUT NOT RESTRICTED TO ACTS OF GOD, ACTS OF THE PUBLIC, ENEMY, DECREES OR RESTRAINTS BY GOVERNMENTAL AUTHORITIES, TELECOMMUNICATIONS, COMPUTER OR UTILITIES FAILURE, STRIKES, WAR, RIOTS, INSURRECTIONS, CIVIL COMMOTION AND OTHER CAUSES OF SUCH NATURE. IN ANY OF THE EVENTS MENTIONED ABOVE, NIKON SHALL FOR THE DURATION OF SUCH EVENT, BE RELIEVED OF ANY SUCH OBLIGATION UNDER THESE NIKON CLUB TERMS AND CONDITIONS OF USE AS IS AFFECTED BY THE SAID EVENT. PROVIDED THAT THE PROVISIONS OF THE TERMS OF USE SHALL REMAIN IN FORCE WITH REGARD TO ALL OTHER OBLIGATIONS WHICH ARE NOT AFFECTED BY SUCH EVENT. AND PROVIDED FURTHER THAT THE PARTIES SHALL RESUME THEIR FULL OBLIGATIONS UNDER THIS AGREEMENT UPON THE CESSATION OF SUCH EVENT.

15.5       YOU ACKNOWLEDGE THAT CIRCUMSTANCES COULD ARISE IN WHICH THE REMEDIES AND LIMITATIONS ON LIABILITY SET FORTH IN THESE MEMBERSHIP RULES MAY APPEAR INSUFFICIENT TO YOU. IN LIGHT OF THE AGREEMENT REACHED HEREUNDER, NIKON AND YOU HAVE AGREED THAT THE LIMITED REMEDIES AND LIABILITIES SET OUT HEREIN ARE PART OF A REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN NIKON AND YOU, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION INCLUDING THE VALUE OF THE CONSIDERATION PROVIDED BY YOU AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS.

 

16. INTERPRETATION

16.1       In case of any conflict or inconsistency between any provision of the Terms of Use and any provision of the Site Policies as applicable to Members in relation to the Site, such conflict or inconsistency will be resolved in a manner most favourable to Nikon.

16.2       However, if such conflict or inconsistency cannot be resolved, the provisions of the Terms of Use will prevail over the provisions of the Site policies.

 

17. GOVERNING LAW

17.1       These Terms of Use are governed by the laws of the Republic of Singapore and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore. 

 

18. NO THIRD PARTY RIGHTS

18.1       The application of the Contracts (Rights of Third Parties) Act 2001 is hereby excluded.

 

III. "CAPTURES" POLICY

 

Please read these terms of the Captures Policy carefully. By accessing and/or using Captures, and/or submitting information and/or images for publication on Captures, you, as a user of the Site, hereby accept and agree to abide by the terms of the Captures Policy. Please be reminded that the Site’s Captures Policy is in addition to, and without prejudice to, the Site’s Terms of Use.

Nikon reserves the right in its sole and absolute discretion to modify without prior warning or notice the terms of the Captures Policy. You agree that your continued use of the Site after such modification shall constitute acceptance of the modifications to abide by and be bound by such modifications. As such, Nikon recommends and advises you to visit this web page to review the prevailing Captures Policy on the Site.

If you do not agree with any of the above, please discontinue your use of Captures. 

[If you agree with the terms of the Captures Policy, please click on the "I agree" icon at the end of this page and proceed to Captures.]

 

1. DEFINITIONS

"Content"

Any information and/or materials, including but not limited to images uploaded in Hot Shots and/or comments posted to the images uploaded.

"Owner"

The username which is tagged along with the image.

 

2. APPLICABILITY OF SITE’S TERMS OF USE

2.1           Nikon reminds you that the Site’s Terms of Use are applicable, and govern, your use and access Captures. All obligations imposed on you by the Terms of Use equally apply to your use and access of Hot Shots, including but without limitation, your responsibilities under Clause 6 of the Terms of Use. All Nikon’s rights and obligations equally apply to your use and access of Hot Shots.

2.2           You are reminded that you are solely responsible for the use of the Services, and for any Content posted on or transmitted through the Site, under your Membership ID. You will be solely and fully responsible for any and all aspects of the Content submitted, including but not limited to its legality, appropriateness, and non-infringement of third party intellectual property rights.

2.3            Nikon is not responsible for any images that have been uploaded and lost in the event of any faults from the server.

 

3.GRANT OF LICENCE TO NIKON

3.1           By uploading images to Captures, you automatically grant Nikon (and its related entities), an irrevocable, perpetual, non-exclusive, transferable, worldwide, royalty-free licence to use, store, copy, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, incorporate into other works and publicly perform or display such images for any purpose whatsoever, within the NikonClub Site.

 

4. GUIDELINES ON SUBMISSION OF IMAGES

4.1           You must only submit images to which you hold the copyright. You also warrant and represent that you have, where necessary, obtained (and can produce upon request) the requisite consent(s) in connection with the image(s) submitted / uploaded by you, including but not limited to the consent of any identifiable individual (or the consent of an identifiable individual’s parent/guardian if he/she is under 16  years of age) in the image(s). Please do not submit images if you have not obtained such consent.  

4.2           All images uploaded to Captures must not:
                4.2.1           be offensive (e.g. pornographic material, images that are sexually explicit and/or sexually violent or images that depict abuse or violence of any sort), as stipulated in the Site's Terms of Use. Images which Nikon, in its sole and absolute discretion, deems offensive in any way, will be removed by Nikon without notification.
                4.2.2           infringe any patent trademark, trade secret, copyright, or other proprietary rights of any party.

4.3           All images uploaded must not contain viruses, worms, Trojan horses, time bombs, cancelbots or any other harmful, damaging or disruptive programs. If such an incident is observed, it will be deemed that you have breached the Site's Terms of Use.

4.4           For the avoidance of doubt, Nikon reserves the right, in its sole and absolute discretion, to remove or delete any images which Nikon determines to be in violation of the Terms of Use and/or this Policy and/or in some or any way objectionable as determined by Nikon.

 

5. GUIDELINES ON SUBMISSION OF COMMENTS

5.1           Only Members who have logged in can rate images or leave comments.

5.2           Offensive and/or unlawful comments are not permitted. Nikon reserves the right, in its sole and absolute discretion, to delete any comments that it deems irrelevant, offensive, vulgar or unlawful.

5.3           Members are not permitted to transmit or post spam, junk mail, solicitations, or to publish any advertisements in Hot Shots. These will be removed without any notice and we reserve the right to seek necessary assistance (including from the relevant authorities) to strictly enforce this. 

 

6. GUIDELINES OF USE OF IMAGES

6.1           You may not copy, redistribute or commercially exploit such materials without the express written permission of the Owner(s) of such images.

6.2           Images uploaded to Captures are not to be used without the Owner’s permission.

6.3           Images uploaded to Captures are not to be used for commercial purposes, unless express permission to do so is granted by the Owner.

 

7. LIMITATIONS ON UPLOADING, STORAGE AND/OR DELETION  OF IMAGES

7.1           Images uploaded to Captures are restricted to a maximum size of 5R image size or 2 MB, at 2100 pixels in width and 1500 pixels in height. The image format is strictly progressive JPEG only (no RAW, PNG, BMP or GIF files).

7.2           Each Member is allowed to upload up to a maximum of 10 images per week.

7.3           Each Member is restricted to a disk space of up to 500 MB per Membership. Members are required to manage their own disk quota. Nikon will not be responsible for any loss or damage, including but not limited to loss of data or loss of access to the Site, which Members may suffer in the event that the Member's disk space has been fully utilised.

 

8. GENERAL

8.1           Each Member may cast one (1) like for each image uploaded in Captures.

8.2           The top 30 images with the most number of likes in the month will be promoted to Member’s Choice.

8.3           Nikon has no control over images that have been liked and allocated to the Member’s Choice section. This process is operated by the Club Members and not Nikon.

8.4           An image will only appear in the Editor's Choice section if it is selected from Captures by the Site's Editors. Images are selected based on quality, composition, mood/theme, colour and/or artistic value.

8.5           Chosen images in the Editor’s Choice section are final. Nikon reserves the right to retract any awards given to the images. 

 

9. POINTS STRUCTURE

9.1           NikonClub Rewards Points ("Points") shall be awarded to the Member based on the Member's participation in Hot Shots under his/her Membership ID.

9.2           See our NikonClub Rewards Points Program for further details on the accumulation and redemption of Points. 

 

10. YOUR FEEDBACK

10.1           If you believe that any Content published in Captures violates the Site's Terms of Use or this Hot Shots Policy, please report such violation to us at Contact Us.

 

IV. NIKONCLUB REWARDS AND REDEMPTION TERMS & CONDITIONS

1. DEFINITIONS

“Points”

Means any points accumulated by a NikonClub Member under his/her Membership ID.

"Member"

Means a NikonClub member.

"Program"

Means the NikonClub Points program.

"Rewards"

Means any goods, services, benefits or other privileges, as determined by Nikon in its sole discretion, which may be redeemed or obtained by use of Points under the Program.

"Vouchers"

Means any voucher issued when Points are redeemed.

2. GENERAL PROVISIONS

2.1           Accumulation of Points and the redemption thereof is only offered to Members.

2.2           Points earned do not expire but are capped at a maximum of 10,000 Points.

2.3           Points earned beyond the 10,000 Points cap will not be reflected in your account. For the avoidance of doubt, excess Points cannot be earned under the Program.

2.4           Redemption items are non-transferable and can only be redeemed by the Member.

2.5           Points, offers, discounts, Rewards Vouchers and any other privileges cannot be exchanged for cash, or any other products or services.

2.6           Items available for redemption are subject to change without notice and at Nikon's discretion.

 

3. ISSUANCE OF POINTS

3.1           Points shall be awarded to the Member based on the activities and/or Services the Member participates in under his/her Membership ID within the Site.

3.2           A member can accumulate Points as follows:

  • 5 point per day by signing in
  • 30 bonus points rewarded to 10 selected members who log in daily
  • 10 points by uploading photos into My Nikon Captures (Capped at 10 photos per week)
  • 5 points for liking fellow members’ photos. (Capped at 10 likes per week)
  • 100 points if your photo is highly rated and promoted to the Member’s Choice section
  • 150 points if your photo is selected as an Editor’s Choice
  • 20 points by participating in our photo contests
  • 800 points for winning the photo contest
  • 500 points for being the runner up for the photo contests
  • Earn additional points by completing our occasional surveys and polls pop ups. Points earned in individual surveys and polls differ according to the type of survey being carried out.

3.3           The Points structure is subject to change without prior notice by Nikon.

3.4           Nikon reserves the right and the sole and absolute discretion to modify without prior warning or notice the number of Points required to redeem Rewards under the Program.

 

4. REDEMPTION OF POINTS 

4.1           Provided that a Member has sufficient Points, a Member can select and redeem any one or more Rewards from the available Online Catalogue.  All redemptions shall be processed on a first-come, first-served basis, and are subject to sufficient accumulated Points and availability of Rewards at the time of redemption.

4.2           The estimated period for processing of a valid redemption request is 7 working days. Rewards Vouchers for successful redemption requests will be emailed to the Member’s registered email address. 

4.3           Redemption items are subject to availability. Nikon is not responsible if any of the items are not available upon request.

 

5. USE OF REWARDS VOUCHER

5.1           Use of the Rewards Voucher is subject to the terms and conditions stated on the Rewards Voucher.

5.2           Each Rewards Voucher must be presented to the relevant merchant, operator, service provider or supplier within the validity period stated therein and shall cease to be valid after the end of the validity period. In the event of expiry of the Rewards Voucher, no refunds, payments, replacements or exchanges shall be permitted or entertained.

5.3           To redeem a Reward from Nikon, Members must present the original Rewards Voucher (or other form of proof of identity which is acceptable to Nikon) at the point of collection, which is to be used solely for identity verification purposes. 


5.4           Nikon shall not be obliged to replace lost, damaged or stolen Rewards Vouchers.

5.5           Nikon shall not be in any way be responsible for any aspect of the products or services provided by any participating third party merchants, operators, service providers or suppliers engaged by Nikon to provide such Rewards. The Member should direct any complaints or comments in respect of such goods and services to the respective merchant, operator, service provider or supplier.

5.6           You acknowledge and agree that in relation to any contracts involving the purchase of products from any third party arising out of or in connection with your use of the Site, such contracts are between such third party and you. Your only recourse in respect of any such contract shall be against that third party, and you shall not under any circumstances have any recourse against Nikon.

 

6. FORFEITURE/CANCELLATION OF POINTS

6.1           If a Membership is terminated at any time for any reason, the Member will forthwith be disqualified from participating in the Program, and all unused Points accrued shall automatically be cancelled and will not be available for use. Points are not transferable to any other Member under any circumstances.

6.2           Nikon reserves the right to revoke and/or deduct and/or re-compute any Points earned to the Member’s account in the event the Member fails to comply with the Terms of Use of the NikonClub Site.

6.3           In the event of any suspected and/or actual abuse or fraud on the part of any Member in respect of the issuance of Points or redemption of Points under the Program, Nikon has the absolute discretion to cancel any or all Points and any or all Rewards Vouchers already issued.

 

7. OTHER CONDITIONS

7.1           Nikon is entitled, for any reason, and at any time without liability or prior notice, to suspend the calculation and accrual of NikonClub points, to rectify any errors in the calculation or otherwise adjust such calculation.  

7.2           Nikon's decisions on all matters and disputes concerning the Program shall be final and binding on all Members.

7.3           TThe use and/or conversion of Points may be subject to further terms and conditions or restrictions. Nikon may at its sole discretion and without prior notice, modify, suspend or terminate the Program, and/or modify these terms and conditions in such manner as Nikon deems fit. As such, Nikon recommends and advises you to visit this web page to review the prevailing Terms & Conditions governing the Program.

7.4           Nikon shall have the absolute discretion to disclose information regarding the Member’s account to any third party for the purpose of this Program.

 

V. CONTESTS & PROMOTIONS POLICY

Please read these terms of the Contests & Promotions Policy carefully. By participating in Contests organized and hosted by Nikon on the Site, you hereby accept and agree to abide by the terms of the Contests & Promotions Policy. Please be reminded that the Site's Contests & Promotions Policy is in addition to, and without prejudice to, the Site’s Terms of Use.

Nikon reserves the right in its sole and absolute discretion to modify without prior warning or notice the terms of the Contests & Promotions Policy. You agree that your continued use of the Site after such modification shall constitute acceptance of the modifications to abide by and be bound by such modifications. As such, Nikon recommends and advises you to visit this web page to review the prevailing Contests & Promotions Policy on the Site.

If you do not agree with any of the above, please do not participate in the Contests organized and hosted by Nikon on the Site.

1. GENERAL

1.1 Nikon may from time to time, and in its sole and absolute discretion, organize and host contests or competitions on the Site ("Contests").

1.2 The employees and immediate family members of Nikon, its affiliates, subsidiaries, agents and suppliers are not eligible to participate in such Contests.

1.3 By submitting an image for the Contests, Members are deemed to fully accept and agree to abide by the terms of this Contests & Promotions Policy, the Site's Terms of Use, and any additional terms and conditions which may govern the Contests.

1.4 Each Member is eligible to submit images for the Contests. Members may submit as many images as they wish so long as such images comply with the terms governing the Contests.

1.5 Criteria for the Contests, including the time frame for submission of images for the Contests and details of prizes for the Contests will be made available by Nikon when Contests are organized and hosted. Such criteria may include:
      1.5.1 Winners being determined by the number of votes received from other Members. Images with the most number of votes from Members shall be the winner of the Contest; or
      1.5.2 Winners being determined by an independent panel of judges, nominated by Nikon in its sole and absolute discretion.

 

2. PRIZES

2.1 Prizes for the Contests shall be determined in Nikon's sole and absolute discretion. Prize winners' names and images will be published on the Site.

2.2 Prize winners will also be informed via email. Prizes must be collected within one (1) month of such notification. Prizes not claimed within one (1) month after such notification shall be forfeited.

2.3 All prizes are awarded on an "as is" basis and are not exchangeable, transferable or redeemable for any goods or services, cash, credit or in kind, in part or in full. Nikon reserves the right at its absolute to change, replace or substitute the prizes with items of equal value without any prior notification.

 

3. DISQUALIFICATION

3.1 Any entry submitted for the Contests that does not comply with the specified criteria will be disqualified.

3.2 Nikon reserves the right at its sole discretion to disqualify any Member from the Contests if and where it determines the Member to be tampering with the entry process or the operation of the Contests, or otherwise breaching the terms of the Contests.

 

4. SUSPENSION

4.1 Nikon further reserves the right to cancel, modify, suspend or delay the Contests at any time and for any reason that Nikon sees fit, without prior notice to Members.

4.2 The decision of Nikon and/or the Editor as to any aspect or matter in relation to the Contests shall be final. In the event that Members do not comply with or dispute any such decision, Members may, at Nikon's sole and absolute discretion, be automatically disqualified from the Contests.

4.3 For the avoidance of doubt, Nikon shall not be liable for any third party claims or losses of any nature including but not limited to loss of profits, punitive, indirect, special, incidental or consequential damages or for other damages arising from the Members' participation in the Contests or any other aspect of the Contests.

 

 

VI. WARRANTY CONDITIONS

The online form you are submitting is only an application form for warranty services for your Nikon Product (“Warranty”). This is NOT a certificate for or record of, and does not in itself entitle you to, the Nikon Warranty Services. You must complete all required fields of the form. 

By registering your Nikon Product online at http://www.nikonclub.com.sg, you will automatically become a member of NikonClub and hereby agree to abide by the Terms of Use governing NikonClub membership.

1. ELIGIBILITY

1.1 The Warranty is only applicable to and available for the range of Nikon digital and film cameras, the range of camera accessories, lenses, speedlights, binoculars and filmscanners and filmscanner accessories. It is not applicable to or available for any other products as Nikon may prescribe from time to time.

1.2 The Warranty for the range of Nikon digital cameras, digital camera accessories, filmscanners and filmscanner accessories is only applicable and available to individuals, companies, businesses or societies resident in Singapore. 

1.3 The Warranty is not applicable and not available for servicing outside of Singapore, except for the range of Nikon film cameras, film camera accessories, lenses, speedlights, and binoculars.

 

2. VALIDITY OF WARRANTY

2.1 Upon receipt of your application form, Nikon will in its sole discretion determine whether your application for the Warranty is valid. Nikon's decision is final, and you hereby agree to abide by and irrevocably waive any right to challenge or dispute Nikon's decision.

2.2 The Warranty and any Extension for Camera Products under Clause 4 below is only valid after Nikon has verified the details provided by you in the online application form. 

2.3 In the event that your application for the Warranty is not valid or Nikon rejects such application for any reason whatsoever, you will not be entitled to the Warranty. Nikon may, but is not obliged, to send you an email informing you of such invalidity or rejection.

 

3. SCOPE OF WARRANTY

3.1 A valid Warranty shall commence on the date of your purchase of the Nikon Product, and is valid for one (1) full year, as stated in your Nikon Service Warranty Card (the "Warranty Period").

3.2 Under the Warranty, your Nikon Product will be guaranteed against any manufacturing defects during the Warranty Period. All other claims of any nature are not covered under this Warranty.

3.3 The Warranty excludes and does not cover any damage caused by:
      3.3.1 accident;
      3.3.2 misuse or unauthorized repairs or modifications;
      3.3.3 dropping or improper care or storage; and/or
      3.3.4 sand or water. 

3.4 The Warranty does not cover normal wear and tear and/or expendable items including but not limited to batteries, silicon gels, O-rings or any other items that will degrade with time. 

3.5 The Warranty does not cover cleaning and maintenance of the Nikon Product.  

3.6 Local Warranties
      3.6.1 A Local Warranty is only valid in the country in which you purchase your Nikon Product. 
      3.6.2 During the Warranty Period, repairs or adjustments falling within the scope of the Warranty will be made free of charge upon presentation of the Nikon Local Warranty Card (Copy 'C', customer's portion), together with your original purchase receipt or other evidence of purchase, to authorized Nikon Service Facilities in the country of purchase. The original purchase date should be established via the purchase receipt or other evidence. 
      3.6.3 If you bring your Nikon Product under Local Warranty to a Nikon Service Facility in any other country other than the country of purchase, you will be charged for all servicing and support provided.

3.7 Worldwide Warranties
      3.7.1 During the Warranty Period, repairs or adjustments falling within the scope of the Warranty will be made free of charge upon presentation of the Nikon Local Warranty Card (Copy 'C', customer's portion), together with the purchase receipt or other evidence of purchase, to authorized Nikon Service Facilities in any country. The original purchase date should be established via the purchase receipt or other evidence.

 

4. GENERAL

4.1 Nikon may, at any time (whether before or after the Warranty becomes valid) require you to produce proof of purchase, for any reason, including but not limited to approving your application for the Warranty or to obtain Warranty Services under the Warranty. In such event, the Warranty shall be conditional upon you sending a copy of your original purchase receipt to Nikon.

4.2 You are required to retain your original purchase receipt, evidencing the original purchase date, for your Nikon Product and present it for verification when required.

4.3 The Warranty is only valid at authorized Nikon Service Facilities. 

4.4 For the avoidance of doubt, both the Nikon Warranty Card and the original purchase receipt or other evidence of purchase must be presented to an authorized Nikon Service Centre before any repair can be made under Warranty. Without these documents, you will be charged for all servicing and support provided by Nikon. The decision of Nikon is final. 

4.5 For service by mail or any other means, all mail and transportation cost including insurance are at your expense.