Nikon - For The True

Terms and Conditions

The following terms and conditions (this “Agreement”) govern your access to and/or use of our website, currently available at truecreatorstudio.com and the campaign described therein (“Campaign”), as well as such other website, mobile application and/or channel as may be designated by any member of the Nikon Group (as defined below) from time to time (each a “Platform”) which, subject to the terms and conditions of this Agreement, allows users to (a) upload content to a gallery that others can view and download; and (b) download digital copies of content provided by other content creators. Our sole function is to act as a technology solution provider allowing users and content creators to interact for the sharing of content in connection with the Campaign, which is intended to run from the period of July 2024 and onwards or such other period as we may specify from time to time (“Campaign Period”).

YOUR ACCESS TO AND/OR USE OF OUR PLATFORM(S) IS CONDITIONAL UPON YOUR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT AND ANY AND ALL APPLICABLE LAW. BY CONTINUING TO ACCESS AND/OR USE OUR PLATFORM(S), YOU AGREE THAT YOU HAVE READ AND ACCEPTED THIS AGREEMENT AND ANY AMENDMENTS THERETO. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR AMENDMENTS THERETO OR ARE INELIGIBLE TO ACCESS AND/OR USE OUR PLATFORM(S), PLEASE CEASE ALL ACCESS AND/OR USE OF OUR PLATFORM(S). WE MAY FROM TIME TO TIME UPON WRITTEN NOTICE (WHICH MAY INCLUDE VIA OUR PLATFORM(S)) AMEND OR VARY THE TERMS OF THIS AGREEMENT. 

WE MAY ALSO UPDATE THE “LAST UPDATED” DATE AT THE TOP OF THIS AGREEMENT, WHICH INDICATE THE EFFECTIVE DATE OF ANY UPDATED AGREEMENT. YOUR PARTICIPATION IN THE CAMPAIGN AND/OR CONTINUED ACCESS OR USE OF ANY PLATFORM FROM THE EFFECTIVE DATE OF ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED AGREEMENT. IF YOU DO NOT AGREE TO THE UPDATED AGREEMENT, YOU MUST NOT PARTICIPATE IN THE CAMPAIGN AND MUST STOP ACCESSING OR USING ANY PLATFORM.

We may from time to time notify you of supplemental terms applicable to you in respect of access to and/or use of any Platform from particular jurisdictions (“Jurisdiction-Specific Terms”), and in the event of a conflict between the provisions of the Jurisdiction-Specific Terms and the rest of this Agreement, the relevant Jurisdiction-Specific Terms will supersede and control.

1. Minors

1.1 If you participate in the Campaign, access and/or use any Platform, you confirm that you are at least 18 years of age or of the relevant age of majority under applicable law, or otherwise that you comply with Clause 1.2.

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

1.3 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 participation in the Campaign and/or all access and use of the Platform(s) under this Agreement; (b) you shall carefully supervise that Minor’s participation in the Campaign, access to and/or use of the Platform(s). It is your responsibility to determine whether any part of any Platform 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. Uploading content to the gallery – campaign submission

2.1 Where you submit any content to any Platform in connection with the Campaign (“Campaign Submission”, for example, where you upload photos or other media to the Campaign gallery), you shall: (a) ensure that the 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 the Platform or such other channel as we may designate from time to time); and (d) ensure that the Campaign Submission complies with the terms of this Agreement and any and all applicable law.

2.2 Without prejudice to the generality of the foregoing, you agree and acknowledge that, by submitting any Campaign Submission: 

(a) you shall not create a false identity using any Platform, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) any Campaign Submission must only be made with a film camera, digital single-lens reflex (DSLR) camera, or mirrorless camera (each an “Approved Camera”), and be accompanied by metadata or other verifiable proof of camera used. Without prejudice to the generality of the foregoing, use of an official Nikon-branded Approved Camera is (whilst not mandatory) encouraged; 

(c) any edits to your Campaign Submission must have been made via use of legally acquired software;

(d) you shall not submit any Campaign Submission: 

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

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

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

(e) your Campaign Submission shall be deemed to be your User Content (as defined below) if it is not Nikon Content (defined below);

(f) you shall be in full compliance with the Campaign rules and requirements set out here: truecreatorstudio.com;

(g) we shall have the right, in our sole and absolute discretion, to: (i) determine the criteria for any submission to the Campaign; and (ii) review, evaluate, approve and/or reject any submission, and any decision by us in connection therewith shall be final and binding on you. To avoid doubt, we shall have the right to exclude any content submission (including without limitation your Campaign Submission) from the Campaign without providing any reason or notification therefor;

(h) you are not entering or participating in any contest; and

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

3. Viewing and downloading of content from the gallery

3.1 We may from time to time make available gallery functionalities on the Platform(s) allowing user(s) to interact with, view and/or download content in connection with the Campaign, including content uploaded by other user(s) of any Platform. If you choose to use any such functionalities, you agree and acknowledge that:

(a) you may view and download any 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 or repurpose any User Content for commercial usage, regardless whether during or after the Campaign Period;

(b) you are solely responsible for your use of any such functionalities, which shall be at your sole risk. We shall not be liable to you or any third party in respect of the contents transmitted or received by us in connection with your use of such functionalities;

(c) we have the sole and absolute discretion to determine that certain functionalities will only be available in respect of certain language(s) that we specify, and/or that certain functionalities will only be available in respect of certain platform(s) that we specify; 

(d) such functionalities may: (i) integrate, interact or interoperate with Third Party Elements (defined below); and/or (ii) be fully or partially provided by Third Party Providers (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 functionality, features, interface, and/or user experience arising from such switching, modification and/or removal from time to time;

(e) you must do so according to applicable laws and you represent and warrant that you have the necessary rights, licences and consents; and

(f) you must not do so in a manner that will infringe any copyright, trade mark or other intellectual property or privacy rights 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.

4. Intellectual property

Nikon Content

4.1 Each Platform, and any content, information or other material provided via the Platform and all intellectual property rights that are part of or associated with them (“Nikon Content”), are either owned by or licensed to the Nikon Group (and/or any member thereof), it being understood that the user or its licensors will own the User Content (as defined below) that such user introduces, uploads, or posts through the Platform unless such content is already owned by or licensed to the Nikon Group (and/or the relevant member thereof). We and our licensors reserve all rights not expressly granted to you in and to Nikon Content.

4.2 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 or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’, prior written consent. 

4.3 Any goodwill and/or custom arising from any use of any Platform shall enure solely to us, regardless whether during or after the Campaign Period. You agree and acknowledge that the Nikon Group (and/or any member thereof) 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 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 or value whatsoever. 

4.4 Nothing in this Agreement confers on you any rights, regardless whether during or after the Campaign Period, to use “Nikon” and any other trademarks, service marks, logos, get-up, trade names, goodwill, internet domain names, slogans, product names and designations and other proprietary indicia used as part of any Platform, all of which are and remain the property of the Nikon Group (and/or any member thereof) or the relevant owner(s). 

User Content

4.5 If you introduce, upload, or post any content to any Platform (“User Content”), including without limitation any Campaign Submission, materials, information, listings, data, input, text, songs, audio, videos, photographs, graphics, broadcasts, messages, comments, suggestions, and/or other content:

(a) you represent and warrant to us that: (i) your User Content is original to you and/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, 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 work that will conflict with any and all usage and/or other rights required by the Nikon Group (and/or any member thereof) under this Agreement;

(b) you grant each member of the Nikon Group all licences in the User Content as contemplated under this Agreement; 

(c) you shall ensure that your User Content complies with the terms of this Agreement and any and all applicable law; and

(d) you shall not expose any member of the Nikon Group or other users to any intellectual property or other Claims relating to User Content that you submit through the Platform.

4.6 If you introduce, upload, or post User Content via any Platform, 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 the Nikon Group (and/or the relevant member thereof)), save that by introducing, uploading, or posting User Content via any Platform:

(a) you hereby grant each member of the Nikon Group 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/or transmit, and/or distribute your User Content for any purpose(s) as each member of the Nikon Group deems fit in 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 Campaign Period; 

(b) without limiting the generality of the foregoing, you agree and acknowledge that, regardless whether during or after the Campaign Period:

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

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

    (iiii) all User Content submitted to the Platform may be publicly viewed and downloaded by any user (i.e., including any user apart from you), including without limitation as described under Clause 3 above, and you hereby grant each and every user 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/or 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 Campaign Period;

(c) you hereby grant each member of the Nikon Group 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 in your name to identify you as the source of your User Content (in conjunction with any other associated identifying particulars, such as your nationality and age). In addition, each member of the Nikon Group shall also 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, whether during or after the Campaign Period. To avoid doubt, any member of the Nikon Group may (but shall have no obligation whatsoever to) credit you in any way for such member’s use of your User Content, and if any member of the Nikon Group does credit you, such credit may be in such form, manner and/or prominence the relevant member of the Nikon Group deems fit in its sole and absolute discretion; 

(d) for the full and unencumbered benefit of each member of the Nikon Group, you hereby irrevocably waive and agree not to assert (and shall procure that any individual concerned with or is 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; 

(e) you hereby grant (or shall procure the grant) to each member of the Nikon Group 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 each member of the Nikon Group to make the fullest use of the rights granted under this Agreement; and

(f) you hereby release the Nikon Group 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. 

4.7 You agree and acknowledge that any member of the Nikon Group may take reasonable measures to expeditiously remove from the Platform(s) any infringing material that such member becomes aware of. Each member of the Nikon Group shall have the right to cut, crop, edit or refuse to publish, any User Content at its sole and absolute discretion. Subject to Clauses 4.8 and 4.9 below, each member of the Nikon Group shall have the right – but not the obligation – to remove, disallow, block or delete any User Content: (a) if the relevant member of the Nikon Group determines it, in their sole and absolute discretion, to be false, misleading or deceptive; (b) which in the relevant member of the Nikon Group’s sole and absolute opinion violates this Agreement, or is otherwise illegal or objectionable; (c) if any member of the Nikon Group receives a complaint from another user or a notice of intellectual property infringement or other legal instruction for removal; or (d) for any other reason as the relevant member of the Nikon Group may see fit, with or without notice and without any liability to you or any other user. Despite the foregoing, the Nikon Group does not have any responsibility to monitor, pre-screen or exercise editorial control over User Content, has not verified nor approved any User Content, and does not represent or warrant the accuracy, integrity, appropriateness, or quality of any User Content, nor that User Content does not infringe intellectual property rights. Under no circumstances shall the Nikon Group be liable in any way for any User Content.

Copyright Act Notification

4.8 The Copyright Act 2021 of Singapore (“Singapore Copyright Act”) contains provisions related to limiting the liability of network service providers such as any member of the Nikon Group who may provide services such as system caching or user storage and information location. Where a copyright owner furnishes to such member of the Nikon Group (through such member’s designated representative(s)) a valid notice in the form prescribed by the Singapore Copyright Act, such member will take reasonable steps to remove or disable access to the relevant Nikon Content, User Content or other material on the Platform(s) (“Infringing Material”) in accordance with the Singapore Copyright Act. Where the person who made available such material furnishes to the member of the Nikon Group a valid notice in the form prescribed by the Singapore Copyright Act, such member will take reasonable steps to restore the relevant material, unless court proceedings are commenced by the copyright owner and the member of the Nikon Group is informed in writing in accordance with the Singapore Copyright Act. Should you wish to provide a take-down and counter notice to any member of the Nikon Group, please ensure that such take-down and counter notices are in conformance with the form prescribed by the Singapore Copyright Act. A member of the Nikon Group may not act on any notification that is not a valid notice in the form prescribed by the Singapore Copyright Act. Notwithstanding the foregoing, we do not consent for you to, and you shall not, send us any notice (in connection with this Clause 4.8 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.

4.9 The relevant member of the Nikon Group will duly consider all infringement notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against the Nikon Group in respect of any Infringing Material, unless you have first given such member of the Nikon Group an infringement notice and sufficient opportunity to remove the Infringing Material, and thereafter the member refuses or fails to remove the Infringing Material within a reasonable time. Where a member of the Nikon Group removes the Infringing Material in response to your infringement notice, you agree not to exercise and you hereby waive, any right of action against Nikon Group under applicable law which you may have in respect of any Infringing Material appearing on the Platform(s) prior to such removal by the relevant member of the Nikon Group.

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

5. Personal data

5.1 It is a continuing condition of your access to and/or use of any Platform that you agree and consent to the terms of our privacy policy as amended from time to time, available at https://www.nikon-asia.com/privacypolicy (“Privacy Policy”), which is incorporated into this Agreement by reference.

5.2 Without prejudice to the generality of Clause 5.1, by submitting any Campaign Submission, you additionally agree and consent that we may collect, use and/or disclose your personal data for the purposes: (i) of handling your Campaign Submission and other User Content as contemplated under this Agreement; (ii) of handling your enquiries, feedback, providing updates or information, or other communication in connection with the Campaign and/or any Platform; and/or (iii) as may otherwise be set out in the Privacy Policy from time to time.

5.3 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 and disclosure 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.

5.4 This Clause 5 and the Privacy Policy supplement but do not supersede nor replace any other consents you may have previously provided to us in respect of your personal data, and any consents 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.

6. Use of platform(s)

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

6.2 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 Platform(s) in our approved jurisdictions, including access to Nikon Content and User Content as part of the Platform(s), 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. 

6.3 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) copy, rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify any Platform; 

(b) make alterations to, 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);

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

(d) 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; 

(e) use any Platform in a way that could damage, disable, overburden, impair or compromise the Platform or interfere with another person’s usage or access to the Platform, including without limitation: (i) attempting to probe, scan, test the vulnerability of or gain unauthorised access to a system or network or to breach or circumvent security or authentication measures without proper authorisation; and/or (ii) submitting a computer virus to the Platform, or overloading, “flooding”, “mailbombing” and/or “crashing” the Platform; and/or

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

6.4 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 may from time to time, without giving any prior reason or notice, upgrade, modify, suspend, discontinue the provision of or remove, whether in whole in part, any Platform and/or any content provided therein and Nikon Group shall not be liable if you can no longer access them; 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. 

6.5 You agree and acknowledge that the Platform(s) may include analytics and other tools that may allow us to gather information about how the Platform(s) is/are used, usage patterns and/or user preferences, and may include our use of cookies, running of verification and compliance analysis and/or use of data capture, syndication analysis, and/or other similar tools to track, extract, compile, aggregate, archive, disclose or otherwise analyse any data and/or information resulting from any person’s access, installation, 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. We may monitor, track and share with third parties your information thereby obtained by us for safety, security, and technical purposes, for example to provide and improve our products and services.

6.6 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 and/or terminate your access to and/or use of any Platform at any time for whatsoever reason, and without any prior notice to you. In the event of such suspension or termination, save only to the extent where prohibited by applicable law:

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

(b) Clauses 4, 5, 6.6, 7, 8, and 9 shall continue to bind you; and

(c) all licences granted to you by any member of the Nikon Group under this Agreement shall, if not already terminated or otherwise ceased, immediately terminate.

7. DISCLAIMER OF WARRANTIES AND LIABILITIES

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

(a) the Platform(s) and all content featured thereon are provided on an “AS IS” and “AS AVAILABLE” basis. Nikon Group does not warrant the accuracy, adequacy or completeness of any Platform, and expressly disclaims liability for errors or omissions in the Platform(s); and

(b) NIKON GROUP HEREBY EXPRESSLY DISCLAIMS 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, ACCURACY, ADEQUACY, COMPLETENESS, 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 PLATFORM(S) AND ANY MATERIALS AND/OR PRODUCTS THEREIN.

7.2 You further agree and acknowledge that the Platform(s) is/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 or information provided by the Platform(s) could lead to death, personal injury, or otherwise result in significant financial loss or business interruption.

7.3 Notwithstanding 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, 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) any access, use or the 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 or apparatus relating to or resulting from access to and/or use of the Platform;

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

(d) any products, information, data, software or other material obtained from any Platform or from any other website linked to any Platform;

(e) any action, instruction, direction, order, request, and/or guidelines 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, or any equivalent or analogous supervisory authority in any other jurisdiction; 

(f) any performance or non-performance by Third Party Providers (as defined below) of any obligations arising in any way;

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

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

(h) 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.

7.4 To the extent not excluded, and/or to the extent not lawfully excluded, the Nikon Group’s maximum aggregate liability for all Claims, suits, demands, actions or 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 to Singapore Dollars One Thousand Only S$1,000.

8. INDEMNITY

8.1 You hereby unconditionally undertake to indemnify, defend and hold each member of the Nikon Group, as well as their respective employees, servants, officers, agents, directors, partners and/or permitted assigns (collectively, the “Indemnitees”) 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), 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 breach of any applicable law;

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

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

(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.

8.2 This Clause 8 shall survive the termination or expiration of this Agreement (howsoever caused). 

10. GENERAL

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

10.2 Third Party Providers: Where any product / service / content / functionality originates from or is provided by a third party (each a “Third Party Provider”), and any part of any Platform displays, publishes, makes available, incorporates, interfaces with, interoperates with, integrates with, or links to any such product / service / content / functionality (each a “Third Party Element”), you acknowledge and agree that:

(a) Nikon Group 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;

(b) Third Party Elements are the sole responsibility of the person that makes it available, and Nikon Group is not responsible for them. Any use by you of any Third Party Element on or through the Platform(s) 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;

(c) 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

(d) where any Platform contains links to Third Party Elements outside of our Platform(s) (for example links to sites and resources by Third Party Providers), such links are provided for your information only. Such links must not be interpreted as approval by us of those linked functionalities or information you may obtain from them. Nikon Group does not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such externally available Third Party Elements.

Notwithstanding the use of or reference to Third Party Provider(s) and/or Third Party Element(s) in connection with any Platform, you agree and acknowledge that, unless we expressly and specifically state otherwise, the Nikon Group does not endorse any Third Party Providers.

10.3 Feedback: If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, or product / feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, you agree and acknowledge that: (a) the Nikon Group 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 the Nikon Group 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. 

10.4 Security, Etc. The Platform(s) may use digital certificates, tokens or security credentials, and we are entitled to treat any records thereof to which the same have been applied as conclusive evidence of your actions on the Platform(s). 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. 

10.5 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.

10.6 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.

10.7 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 or use the Platform(s) in or from a jurisdiction; and/or (b) may be infringing certain legal or regulatory requirements under applicable laws when accessing or using the Platform(s) in or from such jurisdiction. By accessing and/or using the Platform(s) (or continuing to do the same) you represent and warrant to us that your use and/or access meets all applicable legal or regulatory requirements under applicable laws. It is your sole responsibility to ascertain whether any such legal or regulatory restrictions exist, and Nikon Group 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. Notwithstanding 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 in our sole and absolute discretion from time to time.

10.8 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 each member of the Nikon Group the full benefit of this Agreement.

10.9 No Waiver / Cumulative Rights: No omission or delay by any member of the Nikon Group 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).

10.10 Third Party Rights: No third party is a third party beneficiary of, or liable under, this Agreement, save that: (a) notwithstanding the Contracts (Rights of Third Parties) Act 2001 of Singapore, any member of the Nikon Group may, in its own right, enforce any term of this Agreement; (b) the right of any member of the Nikon Group 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 Contracts (Rights of Third Parties) Act 2001 of Singapore (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. 

11. GOVERNING LAW and dispute resolution

11.1 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. 

11.2 Any dispute arising out of or in connection with this Agreement, including any question regarding existence, validity or termination of this Agreement, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) 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 Expedited Procedure set out in Rule 5.2 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.

12. DEFINITIONS AND INTERPRETATION

12.1 In this Agreement, unless the context requires otherwise: 

(a) “Claim” means any claim, action, application, demand, proceeding, threat or any other similar claim;

(b) “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;

(c) “Moral Rights” shall include “moral rights” as defined under the Singapore Copyright Act and any and all rights of identification of authorship and of approval, restriction or limitation on use or subsequent modifications in perpetuity, throughout the universe, in all languages, formats, manner, mode or media whether now or hereafter known, regardless whether during or after the Campaign Period. “Moral Rights” shall be deemed include without limitation any rights to claim authorship of any work, to be identified, against false identification, to not be falsely identified, to object to or prevent the modification of any work, to not have an altered copy of a work be represented as unaltered, to withdraw from circulation or control the publication or distribution of any work, to have his, her or their name on the work, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, including under Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886, regardless of whether or not such right is called or generally referred to as a “moral right”;

(d) “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;

(e) the words “Nikon”, “us”, “we” or “our” means Nikon Singapore Pte Ltd, and “Nikon Group” means Nikon Singapore Pte Ltd and its subsidiaries and affiliate companies;

(f) “you” (and its cognates) or “user” means any and each user of our Platforms; 

(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 any member of the Nikon Group may deploy or use in connection with the Platform; and

(h) (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 of 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).

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SCHEDULE 1

Jurisdiction-Specific Terms for Australia

The Schedule 1 sets out the Jurisdiction-Specific Terms that applies to and governs your access to and/or use of our website, currently available at truecreatorstudio.com.au and Campaign described therein, as well as any Platform, in or from Australia. Please note that if you are accessing and/or using the website, Campaign and/or any Platform in any country other than Australia, other local laws may apply.

To the extent indicated below, these Jurisdiction-Specific Terms supplements and amends the main body of the Agreement, and forms part of the Agreement.

1. Our liability

1.1 Nothing in this Agreement restricts, excludes or modified or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

1.2 If you are a Consumer, as that term is defined under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”), guarantees (“Statutory Guarantees”) may apply to your access to and/or use of our services under this Agreement cannot be excluded under the Australian Consumer Law.  For major failures with the service, you are entitled: 

(a) to cancel this Agreement with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

1.3 You are also entitled to be compensated for any other reasonably foreseeable loss or damage.  If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion of this Agreement. 

2. Privacy 

2.1 For the purposes of clause 11.1(d) of this Agreement, “personal data” includes personal information, as that term is defined in the Privacy Act 1988 (Cth). 

2.2 Without limiting clause 5.2 of this Agreement, you must ensure that any personal data submitted to us, the website, the Campaign or a Platform has been collected, used and disclosed in accordance with the Privacy Act 1988 (Cth). 

3. Moral rights

3.1 For the purposes of clause 11.1(c) of this Agreement, “Moral Rights” includes moral rights as contemplated under the Copyright Act 1968 (Cth). 

3.2 Without limiting clause 4.6 of this Agreement, you hereby consent (and shall procure that any individual concerned with or is otherwise featured in your User Content consents) to any member of the Nikon Group, its assignees, licensees and successors in title exercising all copyright rights in the User Content, including but not limited to, the right to use, deal with, publicly perform, communicate, reproduce, transmit, publish, exhibit, modify or adapt the User Content:

(a) without attribution of authorship;

(b) bearing the Nikon Group’s name; and

(c) even if the exercise of such rights constitutes ‘derogatory treatment’ under section 195AJ of the Copyright Act 1968 (Cth).

3.3 You hereby acknowledge that:

(a) failure to identify you (or the appropriate author) of the User Content by the Nikon Group or any third party shall not constitute an infringement of your (or the appropriate author’s) right of attribution of authorship; and

(b) the consents and waivers in this clause are genuinely given and not obtained from you (or the appropriate author) by duress or by the making of any false or misleading statement by you or any third party.

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SCHEDULE 2

Jurisdiction-Specific Terms for Hong Kong

The Schedule 2 sets out the Jurisdiction-Specific Terms that applies to and governs your access to and/or use of our website, currently available at truecreatorstudio.com.hk and Campaign described therein, as well as any Platform, in or from Hong Kong. Please note that if you are accessing and/or using the website, Campaign and/or 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. General

1.1 Unless otherwise specifically defined herein, words and expressions used in these Jurisdiction-Specific Terms shall have the same meanings as in the rest of the Agreement. 

1.2 In the event of a conflict between the provisions of these Jurisdiction-Specific Terms and the rest of the Agreement, these Jurisdiction-Specific Terms will supersede and control.

2. Amendments to the Agreement

2.1 Clause 3.1(a) of the Agreement is deleted and replaced with the following:

“you may view and download any 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 or repurpose any User Content for commercial usage (including without limitation any non-profit-making commercial usage) or in the course of any trade or business, regardless whether during or after the Campaign Period;

2.2 Clause 4.7 of the Agreement is deleted and replaced with the following:

“You agree and acknowledge that any member of the Nikon Group may take reasonable measures to expeditiously remove from the Platform(s) any material which is infringing or alleged to be infringing that such member becomes aware of. Each member of the Nikon Group shall have the right to cut, crop, edit or refuse to publish, any User Content at its sole and absolute discretion. Subject to Clauses 4.8 and 4.9 below, each member of the Nikon Group shall have the right – but not the obligation – to remove, disallow, block or delete any User Content: (a) if the relevant member of the Nikon Group determines it, in their sole and absolute discretion, to be false, misleading or deceptive; (b) which in the relevant member of the Nikon Group’s sole and absolute opinion violates this Agreement, or is otherwise illegal or objectionable; (c) if any member of the Nikon Group receives a complaint from another user or a notice of intellectual property infringement or other legal instruction for removal; or (d) for any other reason as the relevant member of the Nikon Group may see fit, with or without notice and without any liability to you or any other user. Despite the foregoing, the Nikon Group does not have any responsibility to monitor, pre-screen or exercise editorial control over User Content, has not verified nor approved any User Content, and does not represent or warrant the accuracy, integrity, appropriateness, or quality of any User Content, nor that User Content does not infringe intellectual property rights. Under no circumstances shall the Nikon Group be liable in any way for any User Content.”

2.3 Clause 4.8 of the Agreement is deleted and replaced with the following:

Copyright Act Notification

The Hong Kong Copyright Ordinance (Cap. 528 of the laws of Hong Kong) (“Hong Kong Copyright Ordinance”) contains provisions related to limiting the liability of service providers such as any member of the Nikon Group who may provide online services as defined under the Hong Kong Copyright Ordinance. Where a copyright owner furnishes to such member of the Nikon Group (or through such member’s designated representative(s)) a valid notice of alleged infringement in the form prescribed by the Hong Kong Copyright Ordinance, such member will take reasonable steps to remove or disable access to the relevant Nikon Content, User Content or other material on the Platform(s) (“Infringing Material”) as soon as practicable in accordance with the Hong Kong Copyright Ordinance. Where the person who made available such material furnishes to the member of the Nikon Group a valid counter notice in the form prescribed by the Hong Kong Copyright Ordinance, such member will take reasonable steps to reinstate or cease disabling access to the relevant material within a reasonable time, unless court proceedings have been commenced by the copyright owner in Hong Kong seeking a court order in connection with any infringing activity that relates to the Infringing Material and the member of the Nikon Group is informed in writing in accordance with the Hong Kong Copyright Ordinance. Should you wish to provide a notice of alleged infringement or counter notice to any member of the Nikon Group, please ensure that such notices of alleged infringement or counter notices are in conformance with the form prescribed by the Hong Kong Copyright Ordinance. A member of the Nikon Group may not act on any notification that is not a valid notice in the form prescribed by the Hong Kong Copyright Ordinance. Notwithstanding the foregoing, we do not consent for you to, and you shall not, send us any notice (in connection with this Clause 4.8 and/or for the purposes of serving a document that is permitted or required by the Hong Kong Copyright Ordinance) via email.”

2.4 Clause 4.9 of the Agreement is deleted and replaced with the following:

“The relevant member of the Nikon Group will duly consider all notices of alleged infringement submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against the Nikon Group in respect of any Infringing Material: (i) unless you have first given such member of the Nikon Group a notice of alleged infringement and sufficient opportunity to remove the Infringing Material, and thereafter the member refuses or fails to remove the Infringing Material within a reasonable time and/or (ii) where a valid counter notice is later furnished to the member who then reinstates or ceases disabling access to the relevant material pursuant to Clause 4.8 above. Where a member of the Nikon Group removes the Infringing Material in response to your notice of alleged infringement, you agree not to exercise and you hereby waive, any right of action against Nikon Group under applicable law which you may have in respect of any Infringing Material appearing on the Platform(s) prior to such removal by the relevant member of the Nikon Group.”

2.5 Clause 5.2 of the Agreement is deleted and replaced with the following:

“Without prejudice to the generality of Clause 5.1, by submitting any Campaign Submission, you additionally agree and consent that:- 

(a) your personal data that we may collect include without limitation your name, nationality, age, geographical location, Instagram user handle, email address as well as those specified in the Privacy Policy; and 

(b) we may collect, use and/or disclose your personal data for the purposes: (i) of handling your Campaign Submission and other User Content as contemplated under this Agreement; (ii) of handling your enquiries, feedback, providing updates or information, or other communication in connection with the Campaign and/or any Platform; and/or (iii) as may otherwise be set out in the Privacy Policy from time to time.”

2.6 Clause 6.2 of the Agreement is deleted and replaced with the following:

“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 Platform(s) in or from Hong Kong, including access to Nikon Content and User Content as part of the Platform(s), 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.”

2.7 Clause 7.3(e) of the Agreement is deleted and replaced with the following:

“any action, instruction, direction, order, request, and/or guidelines of the Hong Kong Courts or a competent supervisory authority, such as the Competition Commission of Hong Kong, the Consumer Council of Hong Kong, the Office of the Privacy Commissioner for Personal Data, Hong Kong, and/or the Communications Authority of Hong Kong, or any equivalent or analogous supervisory authority in any other jurisdiction;”

2.8 Clause 9.10 of the Agreement is deleted and replaced with the following:

Third Party Rights: No third party is a third party beneficiary of, or liable under, this Agreement, save that: (a) notwithstanding the Contracts (Rights of Third Parties) Ordinance (Cap.623 of the laws of Hong Kong), any member of the Nikon Group may, in its own right, enforce any term of this Agreement; (b) the right of any member of the Nikon Group 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 Contracts (Rights of Third Parties) Ordinance (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.”

2.9 Clause 10.1 of the Agreement is deleted and replaced with the following:

“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 Hong Kong.”

2.10 Clause 10.2 of the Agreement is deleted and replaced with the following:

“You agree to submit to the non-exclusive jurisdiction of the Hong Kong Courts should any dispute arise out of or in connection with this Agreement, including without limitation any question regarding existence, validity, interpretation, performance, breach or termination of this Agreement.”  

2.11 Clause 11.1(c) of the Agreement is deleted and replaced with the following:

“Moral Rights” shall include all rights as provided under the Hong Kong Copyright Ordinance and any and all rights of identification of authorship and of approval, restriction or limitation on use or subsequent modifications in perpetuity, throughout the universe, in all languages, formats, manner, mode or media whether now or hereafter known, regardless whether during or after the Campaign Period. “Moral Rights” shall be deemed include without limitation any rights to claim authorship of any work, to be identified, against false identification, to not be falsely identified, to object to or prevent the modification of any work, to not have an altered copy of a work be represented as unaltered, to withdraw from circulation or control the publication or distribution of any work, to have his, her or their name on the work, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, including under Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886, regardless of whether or not such right is called or generally referred to as a “moral right”;

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SCHEDULE 3

Jurisdiction-Specific Terms for India

 

The Schedule 3 sets out the Jurisdiction-Specific Terms that applies to and governs your access to and/or use of our website, currently available at truecreatorstudio.co.in and Campaign described therein, as well as any Platform, in or from the Republic of India. Please note that if you are accessing and/or using the website, Campaign and/or any Platform in any country other than India, other local laws may apply.

To the extent indicated below, these Jurisdiction-Specific Terms supplements and amends the main body of the Agreement, and forms part of the Agreement.

UPLOADING CONTENT TO THE GALLERY – CAMPAIGN SUBMISSION

 

In addition to the conditions set forth in the Agreement, 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 message 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;

(ix) violates any law for the time being in force.

 

GRIEVANCE REDRESSAL

 

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