TERMS AND CONDITIONS OF WEBSITE USE
Each time that you access or use the Site or Service, you indicate your acceptance and agreement, without limitation or qualification, to be bound by the Agreement, and you represent and warrant that you have the legal authority to agree to and accept the Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of the Agreement, or if you are not authorized to agree to and accept the Agreement, or you do not have the legal authority to agree to and accept the Agreement, then you may not use the Service.
CHANGES TO THE AGREEMENT: You may not alter, supplement, or amend the Agreement in any manner. FUJIFILM may, in its sole discretion, alter, supplement or amend the Agreement from time to time as it relates to your future access or use of the Service, for any reason, and without any prior notice to you or any other person. (If you do not agree to a change, you should not use the Service.)
AUTHORIZED USERS: The Service may be used only by individuals resident in the United States of America; only by individuals who have reached the age of majority or legal age in their jurisdictions; and only by those who can form legally binding contracts under applicable law. You must be 18 years or older to purchase or use the Service. The Service may not be used by individuals who have had their access terminated, nor may it be used by individuals in jurisdictions where the Service, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. FUJIFILM reserves the right to limit the availability of the Site and Service and/or the provision of any service, feature, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of the Service and/or any such service, feature, or other product that FUJIFILM provides. VOID WHERE PROHIBITED.
FUJIFILM endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, FUJIFILM reserves the right to change any features, products, details, data or information available through the Service, at any time and from time to time without any notice to you or to any other person.
TERMINATION OF THE AGREEMENT AND THE SERVICE: If you breach any provision of the Agreement, then you may no longer use the Service.
FUJIFILM may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the service or any part of it at any time, for any reason, without any notice to you or to any other person.
FUJIFILM may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) your access to the Site or service (ii) restrict access to the Materials submitted to the service; and (iii) bar you from any future use of the service; upon notice to you.
FUJIFILM is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may provide, use or allow others to use in connection with the service (including Materials posted or submitted to the service) before FUJIFILM takes any remedial action that they consider, in their sole discretion, to be appropriate.
If the Agreement is terminated by you or by FUJIFILM for any reason, then the Agreement will continue to apply and be binding upon you regarding your prior use of the service, including payment of any charges accrued in connection with use of the service.
DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY: FUJIFILM strives to make your use of the Service a useful and enjoyable experience. Nevertheless, FUJIFILM and its affiliates, licensors, vendors, suppliers and service providers, do not accept any liability for your use of the Service, and you understand and agree that you assume all risk of the use of the Site and the Service. For that reason, the following provisions apply to your use of the Site and Service:
DISCLAIMER: your use of the Site and service, including any materials, data or information obtained or provided through the Site and service, is at your own risk. The Site is neither designed nor intended to be used as a disaster recovery facility or as a data storage facility. You should keep your own backup copies of all materials that you may use, or allow others to use, in connection with the service. Please use common sense and discretion when using the Site and our service.
Use of the services requires a compatible computing device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. You are solely responsible for provisioning, configuring and maintaining all devices, equipment and software that you may use or allow others to use in connection with accessing the Site or the service. Because use of the services involves hardware, software, and internet access, your ability to use the services may be affected by the performance of these factors. You agree that such requirements are your responsibility.
The operation of the service may be affected by numerous factors beyond FUJIFILM’s control. The operation of the Site may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated.
FUJIFILM is under no obligation to verify the identity of users of the service. You may find some of the content on the Site to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the Site and related services.
FUJIFILM (including its affiliates, licensors, vendors, suppliers and service providers), is not liable to you or to any other person for any loss or damage arising from or related to any misprints or errors on the Site, including the unavailability of any product or service, any delay in the availability of products or services, or any changes relating to the products or services.
The service is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by FUJIFILM and its affiliates to the fullest extent permitted by law. These limitations may not apply to you. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may also have additional rights.
Without limiting the generality of the foregoing, neither FUJIFILM nor its affiliates, licensors, vendors, suppliers or service providers, make any representation, warranty or condition that:
- The Site or service will meet any requirements or be compatible with your computer, peripherals, and related equipment, photographic equipment or software;
- The Site or service will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- The Site or service, the information obtained through the Site or service, or any results that may be obtained through the use of such or such information will be accurate, complete, reliable, timely, or authentic;
- FUJIFILM will monitor the Site or any component thereof;
- The quality of any goods, services, information or other materials purchased or obtained through the service will meet your expectations;
- The use of the service will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs;
- The use of the service will not infringe the intellectual property or other rights of any person;
- The materials you may use in connection with the service, will not be misused by any other person.
FUJIFILM disclaims any and all liability regarding such matters to the fullest extent permitted by applicable law.
Liability exclusion: neither FUJIFILM nor its affiliates, licensors, vendors, suppliers or service providers, will under any circumstances be liable to you or to any other person for any loss of use, loss of production, loss of income, goodwill or profits (anticipated or otherwise), loss of markets, economic loss, lost opportunity, damage to reputation or goodwill, or special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the Site or service by you or by any other person, and regardless of any negligence or other fault or wrongdoing by FUJIFILM , its affiliates, licensors, vendors, suppliers or service providers, or any other person for whom FUJIFILM may be responsible, and notwithstanding that FUJIFILM or any of the foregoing parties may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Liability limitation: Without limiting the forgoing, in no event will FUJIFILM, its affiliates, licensors, vendors, suppliers or service providers, ever be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity. Regardless of any claims of negligence or other fault or wrongdoing in excess of, and the entire liability of FUJIFILM and its licensors, vendors, suppliers or service providers, and your exclusive remedy for any damages, claims or demands stemming from your use of the Site or service shall not exceed, U.S. $5.00.
Release: you hereby release, remise and forever discharge FUJIFILM, its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site and/or service.
Indemnity: you agree to indemnify, defend and hold FUJIFILM , its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees and all other related, associated, or connected persons (collectively, the “indemnified parties”) harmless from and against any and all damages, losses, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with the materials or use of the Site and service by you. You agree that you will assist and cooperate as fully as is reasonably required by the indemnified parties in the defense of any such claim or demand. Advice and information provided by FUJIFILM or its representatives, or through the service, whether oral or written, will not create any representation, warranty or condition, or vary or amend the agreement, including the above disclaimers, liability exclusions, liability limitations, release, and/or indemnity provisions, and you may not rely upon any such advice or information.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in the Agreement survive the termination of the Agreement.
You agree that FUJIFILM may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Site. FUJIFILM may use this information to improve its products or to provide services or technologies to you or enhance your experience with the Site. You also consent to FUJIFILM’S elective monitoring, screening, tracking and policing your use of the Service and the Site, without any notice or any liability to you or any other person. FUJIFILM is not under any obligation to engage in such monitoring, screening or policing, but may do so as it considers appropriate in its sole discretion, without notice to you or any other person. You agree that FUJIFILM or its licensors, vendors, suppliers or service providers, may contact you directly by email or other contact information you provided through use of the Site.
You must respond promptly to all e-mail and other correspondence from FUJIFILM, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of the Service. Failure is a material breach of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION: The Agreement, your use of the Site and Service, all transactions relating to the Site and Service, and all related matters are governed solely by the laws of the State of New York, USA, and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws. Any dispute between FUJIFILM and you or any other person arising from, in connection with or relating to the Site, the Service, the Agreement, any transaction relating to the Site must be resolved before the Courts of the State of New York, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located there.
Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the Site, the Service, the Agreement, any transaction relating to the Site or any related matters must be commenced in a court of competent jurisdiction in the state of New York within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You shall first contact us at FUJIFILM North America Corporation, 200 Summit Lake Drive, Valhalla, NY 10595, Attention: Legal Department, regarding any claim or controversy arising out of or relating to these Terms and Conditions of Website Use, or any breach thereof, or the use of the services (except such claims or controversies for which injunctive relief is available), if such claim or controversy cannot be resolved by mediation within 30 days. Such unresolved claim or controversy shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org or by calling 1-800-778-7879. You agree that, by accepting these Terms and Conditions of Website Use, you and FUJIFILM are each waiving the right to a trial by jury or to participate in a class action. These Terms and Conditions of Website Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
OWNERSHIP AND USE OF THE SITE AND ITS CONTENT: The Site and all of its content, as it exists from time to time, including data, photographs, videos and images, graphics, layout and design, Web Site code, animation, icons, software, and other elements, are owned or licensed by FUJIFILM. The Site and all of its content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, the entire content of the Site is, under domestic and international copyright laws, a collective work owned by FUJIFILM. Your use of the Site and its content does not transfer to you any ownership or other rights in the Site or its content.
The Site and its content may not be used for any purpose not expressly permitted by the Agreement. In particular, except as expressly stated otherwise in the Agreement or the Acceptable Use Policy, the Service and its content may not be copied, imitated, reproduced, republished, mirrored, framed, uploaded, posted, transmitted, modified, crawled, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of FUJIFILM. You may not use any of the software that is used in the operation of the Service except while you use the Service. You may not copy any of the software used in the operation of the Service. You may not reproduce, copy, duplicate, rent, lease, loan, sell, resell, distribute, modify or create any derivative works based on any part of the Service or access to the Service, software or Site. You agree not to reverse-engineer, decompile, disassemble, or otherwise tamper with the software or the Site, or to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Service or Site for any reason, or to attempt or assist another person to do so.
DMCA PROCEDURE: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice may be sent to FUJIFILM North America Corporation, 200 Summit Lake Drive, Valhalla, NY 10595, Attention: Legal Department, and must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FUJIFILM to locate the material on the Site;
(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send FUJIFILM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; please visit http://www.loc.gov/copyright/ for more details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
INFORMATION SUBMISSIONS: All information that you provide through the service, including your name and e-mail address, and any uploaded information, must be true, accurate, current and complete. Because FUJIFILM will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, FUJIFILM or others may incur as a result of your submission of any false, incorrect or incomplete information.
ADVERTISEMENTS OR PROMOTIONS: The Site may display advertisements or promotions, including on the pages that request information from you. The manner, mode and extent of the advertising or promotion will be determined by FUJIFILM in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person.
LINKING TO AND FRAMING THE SITE: The framing of the Site or any of its content in any form and by any method is strictly prohibited. You may not create links to or from commercial sites, to or from the Site. Also, you may not use the FUJIFILM name or any of the Marks or otherwise indicate, suggest or imply that FUJIFILM endorses you. Any links to the Site or its content without the express permission of FUJIFILM are strictly prohibited.
MISCELLANEOUS: If any provision of the Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions. FUJIFILM reserves the right to change, amend or supplement these terms and conditions, at any time and from time to time without any notice to you or to any other person.
No waiver, express or implied, by either party of any breach of or default under the Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. The Agreement, as amended from time to time by FUJIFILM, constitutes the entire agreement between you and FUJIFILM relating to your use of the Service and supersedes all previous agreements, written, oral or otherwise, between you and FUJIFILM with respect to your use of the Site and/or Service.
The provisions of the Agreement will inure to the benefit of and be binding upon FUJIFILM and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. The Agreement will also inure to the benefit of FUJIFILM, its licensors, vendors, suppliers or service providers (and intended third party beneficiaries); provided however that this Agreement is not binding upon and does not impose obligations on such licensors, vendors, suppliers or service providers or beneficiaries. You may not assign the Agreement or your rights and obligations under the Agreement without the express prior written consent of FUJIFILM, which may be withheld at FUJIFILM’s sole discretion. FUJIFILM may assign the Agreement and its respective rights and obligations under the Agreement without your consent.
Any rights not expressly granted or disclaimed by the Agreement are expressly reserved to FUJIFILM.