General terms and conditions

  1. Scope of application
    1. For the business relationship between the customer of Nikon - hereinafter referred to as: Customer (for reasons of readability, the masculine form has been chosen in the text; nevertheless, the information refers to members of both genders) and Nikon Europe BV, Burgerweeshuispad 101, 1076 ER Amsterdam, represented by the management (hereinafter: Nikon), the following General Terms and Conditions of Business (hereafter “General Terms and Conditions”) shall apply with regard to the use of the service regarding the Nikon Days.
    2. Nikon does not recognize any general terms and conditions of business or contract of the user that conflict with or deviate from these General Terms and Conditions, unless their validity is expressly agreed to in writing. These General Terms and Conditions shall also apply if Nikon performs the service to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions.
  2. Services Nikon, terminology
    1. Nikon offers the following services on the Nikon Days platform:
      1. Online live courses (online seminars on specific topics with the possibility of interaction).
      2. Video tutorials (workshops that can be accessed online or camera courses in the form of videos that can be accessed online.)
      3. Digital events and conferences with live and on demand programs.
    2. The services listed here are exemplary. The specific service offers result from the services offered at nikondays.nikoneurope.com as well as the service descriptions of the individual offers available there
  3. Scope of services and special regulations for the Nikon Days digital events.
    1. Nikon conducts digital events and conferences such as Nikon Days.
    2. The program of such events and conferences may consist of program parts such as:
      1. Live streaming in the form of lectures, live shoots, interviews and/or photo reviews,
      2. video meetings with chat function for product reviews or other technical discussions, and
      3. Video-on-demand streaming with various topics on the subject of photography.
    3. As a rule, participation in the event and use of the program components is free of charge at the time of the event. Customer is able to register for the on-demand content after the event is concluded however in that case the period mentioned in article 3 (IV) may be shorter.
    4. After the live broadcast the on-demand components of the event shall be provided by Nikon for a usage period of at least 6 months. Nikon reserves the right to shorten or extend the period of 6 months at any time and for whatever reason.  
    5. Nikon reserves the right to offer and design digital events both completely free of charge and completely subject to a charge.
    6. The specific components of the service as well as any chargeability result in each case from the specific descriptions of the respective event program.
    7. Nikon shall have the right to terminate the Customer’s right to access the live streaming event, video meetings and/or on-demand steaming services at any time and for whatever reason.
    8. Nikon may also terminate the Customer’s right to access the Nikon Days platform, live streaming event, video meetings or on-demand streams (an “Event”) at any time in case the Customer:
      1. violates these General Terms and Conditions,
      2. uses or misuses the Event in a way not intended or authorized by Nikon, and/or
      3. acts or behaves in a way that is deemed inappropriate by Nikon or its assigned moderators during an Event.
    9. Nikon shall not be liable for the content, products, services or acts of users or third parties before, during and/or after the Event.
  4. Recording or reproduction of the Event
    1. The customer is expressly prohibited from recording the Event, for example by recording the screen activity, the audio track or in any other way. The Customer is also not allowed to copy, scrape, reproduce or otherwise the content of the Nikon Days platform, online live events, pre-recorded materials of the on-demand library or events in any way. Irrespective of this, the legal regulations for the protection of personal rights and copyrights of all clients and lecturers apply, to which explicit reference is made.
  5. Registration for Nikon Days Events
    1. The registration process to participate at the Nikon Days Event via the Nikon Days online platform, the live events, video tutorials and online sessions comprises the following steps:
      1. The user clicks on the “register” pane in the navigation area of the website.
      2. If and to the extent that the user is not yet logged in or registered on the Nikon Days platform, the customer must log in or register.
      3. If the user is not yet registered, he or she must create an account and activate it.
      4. Nikon asks the user to read and accept the terms and conditions and terms of use of the website (opt-in). Furthermore, the user is made aware of the privacy policy.
      5. The user will receive an email with an activation link.
      6. By clicking in the link the account is activated and the user can log in and complete the registration.
      7. In order to register for additional online sessions, the user needs to be logged in. The registration will then be confirmed and the respective access data for the session will be shared via email.
      8. Nikon reserves the right to inform the user by means of email in relation to the event, in form of reminders relating to the live event or the online sessions.
  6. Limitation of liability
    1. Nikon’s liability towards the Customer shall be limited to: (i) the payment of the, properly incurred, fee or price; and (ii) for any direct damages which cannot be limited by applicable and mandatory law. Nikon shall not be liable for any 1) special, incidental, indirect, consequential or punitive damages; 2) lost profits, business, revenue, goodwill, or anticipated savings; or 3) loss of, or damage to, data, even if advised or informed  of their possibility. The obligation to pay damages shall be limited to such damages as are typical and foreseeable for the agreement. Any liability of Nikon beyond the foregoing is excluded unless otherwise specified by applicable law.
  7. Warranties
    1. To the extent permitted by applicable laws, the services and events mentioned in these General Terms and Conditions are provided on an "as is" and "as available" basis. Nikon hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Nikon shall not warrant that the Event (or any portion of the Event) will meet the Customer’s requirements or expectations.
    2. Nikon shall undertake reasonable commercial efforts in order to provide the Event without interruption, delays or free of defects in the transmission. Due to the online nature of the Event and the internet, this cannot always be guaranteed. In some cases, Nikon may interrupt or suspend the provided services due to maintenance or repair.
  8. Privacy
    1. Nikon shall process any personal data during an Event in accordance with its Nikon’s Privacy Notice.
  9. Entire Agreement
    1. These General Terms and Conditions constitute the entire agreement between the Parties. It sets forth all intended rights and obligations and supersedes any and all previous agreements and understandings between them with respect to the subject matter thereof.
  10. Severability
    1. If any provision hereunder is held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability will affect only such provision or part thereof in such jurisdiction, and will not in any manner affect the provision in any other jurisdiction, or any other provision hereunder in any other jurisdiction. To the extent legally permissible, an arrangement that reflects the original intent of the Parties will be substituted for such invalid or unenforceable provision.
  11. Amendments
    1. Failure or delay by Nikon to enforce or exercise, at any time or for any period, any provision of the General Terms and Conditions does not constitute, and shall not be construed as, a waiver of such term which may be exercised at any time.
  12. Final Provisions
    1. The access provided by Nikon to the Customer is purely personal. The Customer may not assign any of its obligations, rights or interests under these General Terms and Conditions.
    2. Except as expressly provided herein, the termination or expiration these General Terms and Conditions shall not relieve the Customer of obligations accruing prior to the date of such expiration or termination or which expressly survive expiration or termination. This includes but is not limited to article 1, 4, 6, 7, 8, 9, 10, 11 and this clause 12.
    3. The law of the Netherlands shall apply to the Agreement. The UN Convention on Contracts for the International Sale of Goods is expressly excluded. Any and all disputes between the Parties shall be subject to the exclusive jurisdiction of the court in Amsterdam, The Netherlands.