This website, www.nittolightbox.com (the “Website”), invites users to submit digital photos and videos for possible use by Nitto Tire U.S.A. Inc. (“Nitto”) in future marketing, advertising and promotional campaigns (“Campaign(s)”).
Nitto may modify this Agreement from time to time and such modification shall be effective upon posting by Nitto on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Account Registration. Nitto invites both professional and amateur photographers to submit Images through the Website. Employees of Nitto, Cie Studios Inc. and their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members are not eligible to submit Images. In order to submit an Image, you must create an account by registering at the Website and following the submission procedure. Each person may only register for one account, and accounts may not be shared among multiple persons.
By accessing and using the Website, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will update such information as needed; (c) you are 18 years of age or older; and (d) to the best of your knowledge, your access and use of the Website does not violate any applicable laws or regulations.
When you register for an account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to share your password with any other persons. You agree to notify Nitto immediately if you suspect any unauthorized use of your account or access to your password. You are responsible for any and all use of your account.
You are responsible for ensuring the accuracy of your account and you are encouraged to check your account regularly. You are also responsible for ensuring the mailing address and other contact information associated with your account is up to date. Nitto is not responsible for non-receipt of a Reward (as defined below) shipped or emailed to the mailing address or email address, respectively, associated with your account. Changes to accounts or account information may only be made by the account owner.
Termination. You may terminate your account at any time by following the procedure provided on the Website. Nitto may terminate your account and access and use of the Website at any time, without warning, for any reason. Nitto may terminate the Website at any time in its sole absolute discretion. In the event your account and access and use of the Website are terminated or the Website is terminated, this Agreement will remain in effect.
Image Submission Guidelines. You may submit Images through the Website. All Image submissions must:
All Image submissions must not include or depict any of the following:
The satisfaction of the above requirements shall be determined by Nitto in its sole and absolute discretion.
Image Ownership and Rights. All content in an Image, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes, programs, must be completely original to you and must not have been taken or composed, in whole or in part, from any other source other than you, and must not have been released commercially in order to be eligible for submission to the Website. Images that contain materials that are not your original work will not be accepted for consideration.
You hereby represent and warrant that: (i) you have all rights to the Image and all components thereof, and you have obtained all rights, consents, and permissions; (ii) the Image, in whole or in part, has not been released commercially; (iii) the Image does not and will not violate any law, statute, ordinance or regulation; (iv) the Image is free and clear of any and all liens or claims with respect to the use of the Image in the manner authorized herein, and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (v) the Image is not and will not be defamatory, libelous, pornographic or obscene.
You agree to obtain, upon request from Nitto, any documentation necessary to prove your unrestricted ownership in all contents of the Image and your right to submit and use the Image as specified in this Agreement. You also acknowledge and agree that Nitto shall own all right, title and interest, including all copyright ownership, in any derivative works they may create from any element of Image. You agree that in consideration for (i) being considered for potential use in a Campaign and/or (ii) for any credits that you may receive, you are granting Nitto and its parents or affiliates and its respective representatives, successors and assigns (a) the right, but not the obligation, to edit, adapt, reformat, rearrange, modify, combine with other material, add to and/or customize the Image; and (b) the nonexclusive (only with respect to Images selected for potential use in campaigns identified in Tiers 1- 3), the exclusive (only with respect to Images selected for potential use in campaigns identified in Tiers 4 - 5), irrevocable, royalty free, right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivatives works of, distribute and synchronize in timed relation to visual elements, and or otherwise exploit, the Image, and/or any portions or excerpts thereof, in any manner, including advertising, promoting and publicizing Nitto, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation, approval or additional payment of any kind to you or any third party.
If you are a copyright owner and you believe your copyrighted material has been used in any way that constitutes copyright infringement, please see Nitto's DMCA Notice Policy.
Review of Images for Acceptance. All Images will be evaluated by Nitto or its agent for potential use in a Campaign. All entries submitted in compliance with this Agreement and determined to be suitable for potential use in a Campaign are considered “Accepted.” There is no guarantee that an Image will be Accepted or that a Accepted Image will be used in a Campaign, such decision is at the sole and absolute discretion of Nitto. Under no circumstances will Nitto be obligated to use any Image in a Campaign or for any other purpose whatsoever. Images will not be returned and receipt of an Image will not be acknowledged. Nitto will have no liability whatsoever with respect to the loss of any Image submitted through the Website. Proof of Image submission will not be deemed to be proof of receipt of Image by Nitto. You agree to execute such documents as Nitto may request to confirm your compliance with this Agreement and/or to effectuate your obligations under this Agreement prior to acceptance by Nitto of an Image or receipt of any credits.
Credits System. You will receive a certain number of credits at such time your Image is Accepted. The number of credits you receive upon Acceptance is identified on the Website and is dependent on the type of Campaign your Accepted Image potentially may be used and the corresponding campaign tier (“Campaign Tier”).
Once you have received the appropriate credits for use of your Accepted Image in a Campaign, Nitto shall be permitted, without awarding you additional credits, to use such Accepted Image (i) in any type of Campaign identified within the same Campaign Tier you originally received credits (“Original Tier”); (ii) in any type of Campaign identified within any lower numbered Campaign Tier than the Original Tier (collectively, “Lower Tiers”); and (iii) in as many Campaigns Nitto may engage in that are identified within the Original Tier and/or Lower Tiers. In the event that Nitto uses your Accepted Image in any type of Campaign identified in a higher numbered Campaign Tier than the Original Tier (“Higher Tier”), Nitto shall award you the difference in credits awarded between the Higher Tier and the Original Tier and thereafter Nitto shall be permitted to use such Accepted Image in any type of Campaign identified in a Higher Tier, Original Tier and/or any Lower Tier.
For example purposes only:
Example 1. If Nitto uses your Accepted Image in a brochure (Tier 4) and awards you the appropriate credits for Tier 4, Nitto shall be permitted to use the same Accepted Image, without awarding you any additional credits, in (i) any other Campaign identified in Tier 4 (i.e. a catalog or poster), (ii) in any other Campaign identified in Tiers 3 - 1, i.e. wall paper (Tier 3), a press release (Tier 2) or on Facebook (Tier 1); and (iii) as many Campaigns Nitto engages in the future that are identified in Tiers 1-4.
Example 2. If Nitto uses your Accepted Image in a brochure (Tier 4) and awards you the appropriate credits for Tier 4, then at a later date Nitto uses the same Accepted Image in a national advertisement (Tier 5), Nitto shall award you the difference in credits awarded between Tier 5 (2,000) and Tier 4 (500) or 1,500 credits. Thereafter, Nitto shall be permitted to use your Accepted Image, without awarding you any additional credits, in any Campaign identified in Tiers 1 - 5.
Nitto reserves the right to, at any time, to change (i) the number of credits to be awarded for any Campaign and (ii) the type of Campaign contained within a Campaign Tier. If you believe that credits were not properly posted to your account, please notify the administrator at firstname.lastname@example.org.
You may not transfer, purchase or otherwise acquire credits from other participants. Any attempt to combine, transfer or assign credits or breach of any other provision of this Agreement will result in disqualification from the Image submission program and forfeiture of all credits in your account. Nitto reserves the right to take any action it deems appropriate in its sole discretion in the event that Nitto believes that you have violated any of these provisions.
Nitto reserves the right to reverse credits previously credited to your account, if Nitto (i) uncovers an incorrect or improper posting of credits to your account; (ii) finds that the credits were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; or (iii) finds that you are in breach of any provision in this Agreement.
Nitto reserves the right to change, add, or remove the methods by which you can collect credits. The Credits do not constitute property and may be revoked at any time by Nitto as set forth herein.
Redeem Credits. Follow the instructions on the Website to redeem your credits for the items listed on the Website ('Rewards'). The Website will list the credit value required to redeem each Reward. Nitto will periodically modify the Rewards available and reserves the right to modify the credit values of the Rewards, at any time for any reason. All redemptions are subject to this Agreement and all limitations or requirements stated on the Website. Any credits remaining in your Account upon termination of the Image submission program or the Website will be forfeited without compensation.
Rewards. All Rewards are available while supplies last. All credit redemptions for Rewards are final. Refunds, exchanges or substitutions are not permitted. You are responsible for the payment of all federal, state and local taxes which may result from the Rewards. Any issues regarding a Reward after your receipt is governed by the vendor's terms and conditions applicable to the Reward and are not the responsibility of Nitto. Nitto has not made and is not responsible for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Rewards, including, without limitation, their quality, mechanical condition, merchantability, or fitness for a particular purpose
Nitto Content. All content, excluding the Images, used on or through the Website (“Nitto Content”) is protected by copyright, trademark, patent, trade secret and/or other laws, and Nitto and its licensors own and retain all rights in the Nitto Content and the Website. Nitto hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Nitto Content (excluding any software code) solely for your use in connection with viewing and using the Website. You may not (i) upload or publish Nitto Content, including without limitation on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation; (ii) copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, create derivative works of or sell any Nitto Content, or (iii) use any of the Nitto Content for any other purpose.
Third Party Websites and Content. The Website may contain (or you may be sent through the Website) links to other web sites ('Third Party Sites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the 'Third Party Content'). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Nitto, and Nitto is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Content. If you decide to leave the Website and access the Third Party Sites or use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.
DISCLAIMER. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT AND FUNCTIONS ARE PROVIDED ON AN 'AS IS' OR 'AS AVAILABLE' BASIS, AND NITTO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. NITTO MAKES NO WARRANTY THAT THE CONTENT OR FUNCTIONS ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. NITTO ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. NITTO IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR FUNCTIONS TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL NITTO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR ITS CONTENT OR FUNCTIONS.
LIMITATION OF LIABILITY. YOU AGREE THAT NITTO, ITS PARENT ENTITIES, ITS SUBSIDIARY ENTITIES AND ITS AFFILIATED ENTITIES AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGE RELATING TO OR ARISING FROM THE OPERATION, CONTENT OR USE OF THE WEBSITE OR YOUR RECEIPT, USE OR MISUSE OF ANY REWARD. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Governing Law. If there is any dispute about or involving the Website and the Images, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Orange County, California.
Indemnity. You agree to defend, indemnify, and hold harmless Nitto, its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and affiliated entities, and its or their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from: your use of the Website; your Image; your fraud, violation of law, or willful misconduct; your receipt, use or misuse of any Reward; and any breach by you of this Agreement.
Miscellaneous. This Agreement and the agreements, policies and terms to which it refers constitute the entire agreement between you and Nitto regarding the use of the Website, Images and Rewards. The failure of Nitto to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions about this Agreement, please contact Nitto at:
Nitto Tires U.S.A. Inc.
5665 Plaza Drive, Suite 250
Cypress, California 90630
May 11, 2012