FUJIFILM Collaborator Program Application
Terms and Conditions
1. AGREEMENT TO THESE TERMS AND THE FUJIFILM PRIVACY POLICY: BY UPLOADING A SUBMISSION (as hereafter defined) AND CLICKING YOUR AGREEMENT TO THESE TERMS ON THE SITE, YOU ARE AGREEING TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, AVAILABLE AT https://www.fujifilmusa.com/privacy/index.html. Any information contained in a Submission, including image, contact information such as physical address and email address, and any other personal information submitted, will be used in accordance with FUJIFILM North America Corporation’s (“FNAC”) Privacy Policy and these Terms & Conditions. Each Submitter acknowledges that submission pursuant to these Terms and Conditions constitutes the necessary and proper permission for FNAC’s use of his or her Submission pursuant to these terms and the Privacy Policy. In addition, by uploading a Submission on the Site, each Submitter represents and warrants that they are a U.S. resident and consent to FUJIFILM North America Corp., its representatives and its successors in interest sending me information about their products, promotions, and services by e-mail and by other electronic means. They also agree to the terms of FUJIFILM North America Corporation’s privacy policy and terms of use. If they are a California resident, they additionally agree to the terms outlined in the California section of the privacy policy. They understand that they can withdraw their consent at any time and that they can contact Fujifilm at FUJIFILM North America Corp. 200 Summit Lake Drive Valhalla, NY 10595, Attn: FNAC Chief Privacy Officer, or by phone at 800-800-3854.he or she is at least 18 years of age. They also agree to receive more information regarding FUJIFILM products and services via e-mail (e.g. by newsletter or other marketing communication).
2. IMAGE AND PHOTO DESCRIPTION SUBMISSION REQUIREMENTS:
Submission Guidelines:
A. The Submission must be provided in one of the following formats:Accepted File Types: pdf, doc, docx, xls, xlsx, csv, txt, rtf, html, mp3, wma, mpg, flv, avi, jpg, jpeg, png, gif, mp4, mov, wav.
i. If provided in pdf, doc, docx, xls, xlsx, csv, txt, rtf, or html, the Submission must not exceed 500 words;
ii.. If provided in jpeg, jpg, png, or gif, the Submission must not exceed 4 images. All images must be 1920px in the widest dimension. All EXIF and Metadata must be provided. The file size may not exceed 50mb.
iii. If provided in mp4, wma, mpg, mov, flv, or avi, the Submission must be no larger than 1920 x 1080 and no longer than 5 minutes. The file size may not exceed 50mb.
iv. If provided in mp3 or wav, the Submission must be no longer than 5 minute and the file size may not exceed 50mb.
B. The Submission must be in English.
C. The Submission must not permit the inclusion of material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
D. The Submission must not contemplate the disparagement of, or likely to disparage, Sponsor, or any other person or party affiliated with the Promotion;
E. The Submission must not propose the inclusion of brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Application;
F. The Submission must not propose the inclusion of images or artwork not created by entrant. This includes, but is not limited to street art, graffiti, brand logos, and visual graphics that are not owned, nor created by the entrant;
G. The Submission must not permit the inclusion of material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
H. The Submission must not contemplate material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
I. The Submission must not permit the inclusion or depiction of material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.
Entrant must have permission from all individuals that are referenced or depicted in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form reasonably acceptable to Sponsor. The Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void.
If the Submission(s) contains, reflects or incorporates any materials, content or elements that are subject to the rights of third parties, the Submitter is responsible for obtaining, prior to providing the Submission, any and all releases, permissions and consents necessary to permit the use and posting of the Submission by FNAC and its parent and affiliate companies (including without limitation, FUJIFILM Corporation). This includes obtaining the written release, permission and consent to use any name, image, likeness or property of any person who, or items that appear in or are identifiable in the Submission(s). Where a minor appears in or is identifiable in any given Submission, the Submitter is responsible to put a written release, consent and permission into place with the appropriate parent or guardian of such minor. FNAC reserves the right to request documentation reflecting these releases, permissions and consents from any Submitter at any time, and to undertake measures to remove the posting of any given Submission(s) pending receipt of such documentation.
For All Submissions: Up to four (4) files may be uploaded with The Submission. Each file may not exceed 50MB in total size. Accepted file formats are as follows: .pdf, .doc, .docx, .xls, .xlsx, .csv, .txt, .rtf, .html, .zip, .mp3, .wma, .mpg, .flv, .avi, .jpg, .jpeg, .png, .gif, .mp4, .mov, .wav. The Submission will be used for evaluation purposes only and will not be publicly reproduced without the authorized, written consent of the Entrant.
3. FUJIFILM SITE CONTENT AND PROPERTY: The trademarks, service marks, trade names, logos, designs, images, and content at any time displayed on the Site, including but not limited to FUJIFILM, INSTAX, FinePix, BUILD YOUR LEGACY, FUJINON any other trademarks, logos, designs, and intellectual property and the FNAC posted content and images, shall at all times be the sole property of FNAC and/or its parent and affiliates, or shall be the property of third parties (such as any given Submitter) used by FNAC with any necessary and proper permissions in place. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for any Submitter, or any third party, to use any trademark, service mark, logo, design, trade name, product name, content or image displayed on the Site without the prior written permission of FNAC. For absolute clarity and without limitation, no Submitter or third party is permitted to post, display, publish, forward, link to or re-publish any images of FNAC or any Submission(s) of any other party unless specifically authorized to do so in writing by FNAC. Neither FNAC nor its parent or affiliate companies are sponsored, endorsed or administered by, or otherwise affiliated or associated with, Instagram, Facebook, Twitter or any other social media platform.
4. NO REPRESENTATIONS AND WARRANTIES, AND LIMIT OF LIABILITY: A. FNAC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS RELATING TO THE SITE AND TO ANY IMAGES OR CONTENT POSTED ON THE SITE, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. FNAC ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, ANY SUBMITTER’S OR SITE VISITOR’S COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF ANY MATERIALS, IMAGE, CONTENT, OR DATA ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR RELATING TO OR BY REASON OF A SUBMITTER’S SUBMISSION OF ANY MATERIALS, IMAGE, CONTENT OR DATA TO THE SITE. B. NOTWITHSTANDING THE FOREGOING OR OTHERWISE ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL FNAC’S TOTAL LIABILITY TO ANY SUBMITTER OR SITE VISITOR FOR ALL DAMAGES, LOSSES, CLAIMS, LIABILITIES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNTS PAID BY SUCH SUBMITTER OR SITE VISITOR TO FNAC, IF ANY, IN CONNECTION WITH SUBMITTING MATERIALS, IMAGES, CONTENT OR DATA TO THE SITE, OR IN ACCESSING THE SITE, AS APPLICABLE. IN NO EVENT WILL FNAC BE RESPONSIBLE IN ANY INSTANCE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST OPPORTUNITIES, OVERHEAD OR ADMINISTRATIVE EXPENSES, LOSS OF USE, OR DAMAGE TO REPUTATION OR GOODWILL) EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES.
5. COPYRIGHT INFRINGEMENT AND TAKE-DOWN PROCEDURE: If you believe in good faith that any material, image, or content appearing on the Site infringes your copyright, then you (or your agent) may send us a written notice that complies with this provision, requesting that the applicable image, or content be removed. Note that by submitting this written notice, you acknowledge and agree that FNAC may forward your written notice (to include your, or your agent’s, personal contact information) and any related communications received by FNAC to the original Submitter of the allegedly infringing content. Furthermore, by submitting this notice, you acknowledge and agree that FNAC’s sole responsibility to you upon receipt of such notice will be to remove the allegedly infringing image or content, and you acknowledge and agree that you will have no further right or remedy against, or as to, FNAC for its original posting of the Submission on the Site, although you may have other rights and remedies as to the Submitter. Your infringement notice must be sent to [email protected], and must include the following information:
A. A copy of your specific image or copyrighted work that you are claiming has been infringed;
B. Identification of the FNAC posted image or content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FNAC to locate such image or content on the Site;
C. The name, address, telephone number, and e-mail address of the complaining copyright owner;
D. A statement that the complaining party has a good faith belief that use of the image or content by the original Submitter is not authorized by the copyright owner, its agent, or the law; and
E. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
F. A physical or electronic signature of a person authorized to act on behalf of the copyright owner. Within ten (10) business days of receipt of a written notice meeting the above-referenced requirements, FNAC will take down the allegedly infringing image or content, and notify the Submitter of such image or content of your claim / infringement allegation. FNAC will not re-post the removed, allegedly infringing image or content until it receives written notice from the complaining party that the dispute has been resolved. The process outlined in this provision is the exclusive process to be used to complain to, or otherwise advise, FNAC about any infringement of your rights by any Submitter or any Submitted image and/or content posted on the Site.
6. PRIVACY POLICY: Personal information contained in a Submission or otherwise communicated to FNAC will be used in accordance with FNAC’s Privacy Policy, which can be found here: https://www.fujifilmusa.com/privacy/index.html. In addition, and as stated above in Section 1, your contact information may be shared to a party complaining of infringement. By uploading a Submission, you hereby agree to the Privacy Policy.
7. MISCELLANOUS TERMS: A. By uploading a Submission, a Submitter is communicating with FNAC electronically. Each Submitter consents to receive communications relating to the Submission from FNAC electronically, generally by email. FNAC may communicate by e-mail, or by other electronic methods such as through social media communications. Each Submitter agrees that all agreements, notices, disclosures and other communications that FNAC provides electronically satisfy any legal requirement that such communications be in writing. B. All Submissions are administered by FNAC from its offices in Valhalla, New York, United States of America. These Terms and Conditions are governed and interpreted under the laws of the State of New York without regard to its conflict of laws provisions. Each Submitter agree that any claim or dispute against FNAC arising out of or relating to the use of the Site must be resolved by a court located in the Eastern District of New York, unless otherwise agreed upon by all parties. Any claim or cause of action arising out of or related to a Submission must be filed within nine (9) months after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such 9 month period, each Submitter specifically agrees that such claim or cause of action shall be forever barred. C. These Terms and Conditions and the Privacy Policy, which are part of these Terms and Conditions and are incorporated herein by reference, set forth the entire understanding and agreement between the Submitter and FNAC with respect to a Submission. Each Submitter acknowledge that any other agreements between with respect to a Submission is superseded and of no force or effect. If any provision of these Terms and Conditions shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms and Conditions and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent hereof. The severance of any individual provision of these Terms and Conditions will not affect the validity and enforceability of any remaining provisions.
BY UPLOADING A SUBMISSION, EACH SUBMITTER AGREES
TO BE BOUND BY THESE TERMS AND CONDITIONS
AND THE PRIVACY POLICY.