TERMS & CONDITIONS
Please carefully read this agreement between You and Fujifilm North America Corporation(”FUJIFILM”) before using this software, any services provided here, or submitting any reistration form on this software application.
YOUR ACCEPTANCE OF THIS AGREEMENT
By accessing any areas of this software application, users ("Users" or "You") agree to be legally bound by, without limitation or qualification, and to abide by these terms and conditions, which will constitute our agreement ("Agreement").
This Agreement governs your use of this software application (the “Software”), the website HYPERLINK "http://www.myfujifilmkiosk.com" http://www.myfujifilmkiosk.com (the "Site") and any goods or services provided through or in connection with this Software or the Site (collectively, the "Service"), as well as any “Materials”, as defined herein.
This Agreement also either exempts FUJIFILM and others from liability or limits their liability, and contains other important provisions You should read and understand. For purposes of this Agreement, "Materials" includes User IDs, e-mail addresses, passwords, comments, images, metadata, graphics, video, text, data and any other forms of information submitted to FUJIFILM by You, regardless of whether such information is posted publicly or with password protection.
Each time that You use the Service, You indicate your acceptance and agreement, and the acceptance and agreement of any person that You represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and You represent and warrant that You have the legal authority to agree to and accept this Agreement on behalf of yourself and any person You represent. If You do not agree with each provision of this Agreement, or if You are not authorized to agree to and accept this Agreement, or You do not have the legal authority to agree to and accept this Agreement, then You may not use the Service.
CHANGES TO THIS AGREEMENT
You may not alter, supplement, or amend this Agreement in any manner. FUJIFILM may, in its sole discretion, alter, supplement or amend this Agreement from time to time as it relates to your future use of the Service, for any reason, and without any prior notice to You or any other person (“Amendments”). If You do not agree to such Amendments, You must terminate your use as provided for below.
You may not copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright.
Unless otherwise clearly indicated, You acknowledge that all content included on the Service, including the data, information, software, photographs, video, graphics, sounds, images, designs, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of FUJIFILM or its service providers or are used by FUJIFILM with the consent of the copyright holder and persons, if any, appearing in such Content.
Reproduction or storage of Content retrieved from the Service, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention. You may not transmit, mirror, modify or re-distribute any Content from the Service without the express prior written permission of FUJIFILM, its service providers or the copyright owner.
You may download and print images and text from the Service only for your private, non-commercial use. Any other use requires the prior consent of FUJIFILM, its service providers or the copyright owner. YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF, OR ARE EXPRESSLY AUTHORIZED BY THE COPYRIGHT OWNER TO USE, ANY CONTENT SUBMITTED OR PROVIDED BY YOU.
TERMINATION OF THIS AGREEMENT AND THE SERVICE
FUJIFILM and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands received regarding any Materials that You may use or allow others to use in connection with the Service (including Materials posted or submitted to the Service) before FUJIFILM and its service providers take any remedial action that they consider, in their sole discretion, to be appropriate.
If this Agreement is terminated by You or by FUJIFILM for any reason, then this Agreement will continue to apply and be binding upon You regarding your prior use of the Service may immediately remove from the Service and permanently delete and destroy any Materials that You or others may have posted or submitted to the Service without any prior notice to You or any other person.
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 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 Service.
For that reason, the following provisions apply to your use of the Service:
YOUR USE OF THE SERVICE, INCLUDING ANY MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE, IS AT YOUR OWN RISK. THE SERVICE IS NEITHER DESIGNED OR INTENDED TO BE USED AS A DISASTER RECOVERY FACILITY OR AS A DATA STORAGE FACILITY. YOU SHOULD NOT RELY ON THE SERVICE AS YOUR ONLY SOURCE FOR THE MATERIAL YOU PROVIDE. YOU SHOULD KEEP YOUR OWN BACKUP COPIES OF ALL MATERIALS THAT YOU MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE. PLEASE EMPLOY COMMON SENSE AND DISCRETION WHEN USING THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL COMPUTER HARDWARE, PERIPHERALS, ACCESSORIES, TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC AND IMAGING EQUIPMENT AND SOFTWARE.
The operation of the Service may be affected by numerous factors beyond FUJIFILM’s and the Service’s control. The operation of the Service may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated. Password protection may not prevent unauthorized access to materials You may use or allow other persons to use in connection with the Service, including Materials posted or submitted to the Service.
FUJIFILM and its service providers are under no obligation to verify the identity of its members or other Users of the Service. FUJIFILM and its service providers do not control the Materials posted or submitted to the Service and do not monitor, screen, police or edit those Materials for compliance with applicable laws or this Agreement. You may find some of the Materials posted by other Users to be offensive, harmful, inaccurate or possibly deceptive. You should use caution and common sense when using the Service.
FUJIFILM and its service providers are 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 Service, including the unavailability of any product or Service, any delay in the availability of Services, or any changes in the 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 SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
Through your use of the Service, You may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. FUJIFILM and, unless they expressly agree otherwise, its service providers are not parties to any such transactions and disclaim any and all liability regarding all such transactions.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUJIFILM, ITS AFFILIATES, AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER, PERIPHERALS, AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
THE SERVICE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE SERVICE, THE INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICE OR THE INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC; FUJIFILM WILL MONITOR THE SERVICE OR ANY MATERIALS THAT YOU OR THIRD PARTIES POST TO THE SERVICE 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, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE SERVICE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS;
THE USE OF THE SERVICE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
AND THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT BE MISUSED BY ANY OTHER PERSON.
FUJIFILM, ITS AFFILIATES, AND ITS SERVICE PROVIDERS WILL NOT 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, 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 ACCESS TO OR THE USE OF THE SERVICE BY YOU OR BY ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY FUJIFILM OR ITS SERVICE PROVIDERS OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS RESPONSIBLE, AND NOTWITHSTANDING THAT FUJIFILM OR ITS SERVICE PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE FORGOING EXCLUSION, IN NO EVENT WILL FUJIFILM, ITS AFFILIATES AND ITS 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 BY FUJIFILM OR ITS SERVICE PROVIDERS (OR ANY PERSON FOR WHOM EITHER FUJIFILM OR ITS SERVICE PROVIDERS ARE RESPONSIBLE), FUJIFILM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES, CLAIMS OR DEMANDS STEMMING FROM YOUR ACCESS TO OR USE OF THE SERVICE SHALL NOT EXCEED US$250 OR THE PRO-RATED AMOUNT YOU PAID TO FUJIFILM FOR THE USE OF THE SERVICE.
You hereby release, remise and forever discharge FUJIFILM, its affiliates and its service providers and each of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, 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 access to or use of the Service.
You agree to indemnify, defend and hold FUJIFILM, its affiliates and its service providers, and each of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") harmless from and against any and all damages, liabilities and costs, including, without limitation, reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the access to or use of the Service by You or anyone using your User ID or password.
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 service providers or their representatives, or through the Service, whether oral or written, will not create any representation, warranty or condition, or vary or amend this 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 this Agreement shall survive any expiration or termination of this Agreement.
USE OF THE SERVICE
Users must utilize the Service responsibly and with respect for all persons. Users of the Service must comply with all applicable laws, rules and regulations, including without limitation, if applicable, our Acceptable Use Policy.
PORNOGRAPHIC AND OBSCENE MATERIALS
You are hereby advised that any images or photographs submitted by You may be subject to review and examination by FUJIFILM. Regardless of any review performed by FUJIFILM, any and all images remain subject to all applicable laws regarding child pornography, child abuse, and obscene or pornographic material. Any perceived violations of law may be reported by FUJIFILM to applicable law enforcement authorities. FUJIFILM reserves the right in its sole and absolute discretion to refuse to process or post any Materials deemed obscene or objectionable by FUJIFILM.
LICENSE AND WARRANTIES
For all Materials that You may use or allow others to use in connection with the Service, including Materials posted or submitted to the Service:
Solely for the limited purposes of providing You with the Services that You affirmatively request from us, You grant to FUJIFILM and its service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use such Materials (in whole or in part) in connection with the Service, using any form, media or technology now known or later developed, without providing compensation to You or to any other person, without any liability to You or any other person; and
You represent and warrant to FUJIFILM and its service providers that your supplied Materials do not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and publicity rights) of any other person or any laws and You have all the rights or authorizations necessary to grant all rights and licenses set forth above.
Any trademarks, tradenames, trade dress, logos, and/or service marks displayed in and on the Service are the property of their respective owners and must not be used in any manner by You without the express prior written consent of each applicable owner.
Some areas, features or services of the Service may require You to register with the Service.
When and if You register, You agree to
(a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and
(b) to update your information (including your e-mail address) so as to keep it accurate, current, and complete.
As part of the registration process, You will be asked to select a unique User ID and password. We may refuse to grant You a User ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
For security reasons, User IDs and passwords should be non-obvious, hard-to-guess, and confidential, and changed on a regular basis, and members must log-out at the end of each session. You will be responsible for the confidentiality and use of your User ID and password, and You agree not to disclose your User ID or password to the Service to any third party. You must immediately notify the Service of any unauthorized disclosure or use of your User ID or password or album passwords that You may have provided to other persons, or if You know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization. You must ensure that all use of your account complies with this Agreement.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID AND PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
All User IDs and passwords remain the property of the Service, and may be cancelled or suspended at any time by FUJIFILM without any prior notice or any liability to You or to any other person. FUJIFILM is not under any obligation to verify the actual identity or authority of the User of any User ID or password. If FUJIFILM in its sole discretion considers a password to be insecure, then we may cancel the password. 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 and the use of your account.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Service, all transactions through the 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 Service, this Agreement, any transaction through the Service or any related matters 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 Service, this Agreement, any transaction through the Service 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.
OWNERSHIP AND USE OF THE SERVICE AND ITS CONTENT
The Service and all of its content, including data, photographs, videos and images (other than those submitted by You), graphics, layout and design, website code, animation, icons, software, and other elements, are owned or licensed by FUJIFILM or its suppliers. The Service 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 Service is, under domestic and international copyright laws, a collective work owned by FUJIFILM. Your use of the Service and its content does not transfer to You any ownership or other rights, express or implied, in the Service, the Materials or its content.
The Service and its content may not be used for any purpose not expressly permitted by this Agreement or our Acceptable Use Policy, if applicable. In particular, except as expressly stated otherwise in this Agreement or our 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, sell, or resell any part of the Service or access to the Service.
SOFTWARE DOWNLOADING AND EXPORTING
Any software contained in the Service may only be downloaded by You where expressly authorized in the Service and pursuant to the explicit terms and conditions set forth in this Agreement or as otherwise provided with such software. All downloaded software must retain all copyright and proprietary notices contained on such software. Additionally, the downloading or exporting of software is subject to all applicable laws, rules and regulations, including, without limitation, laws regarding copyrights and U.S. export controls laws and regulations prohibiting the exporting of software to certain countries and individuals.
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 Service or uploaded by someone else infringe upon your copyright You (or your agent) may send us a notice, to the address below, requesting that the material be reftop d, or access to it blocked.
The notice must include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
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 Service;
the name, address, telephone number, and e-mail address (if available) of the complaining party;
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 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.
All information that You provide through the Service, including your registration information (name and e-mail addresses), payment information (credit card numbers and expiration date), and shipping and transaction-related information must be true, accurate, current and complete. You must also provide the Service with updated registration information within thirty (30) days of any changes. Because the Service and its service providers 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 its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information, or for your failure to update your information within thirty (30) days of any changes. FUJIFILM may, in its sole discretion, require a copy of a government-issued form of identification before making any changes to your registration information or payment information.
ADVERTISEMENTS OR PROMOTIONS
The Service may display advertisements or promotions in connection with the Service, including on the pages that display Materials You post or submit to the Service. 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.
CONTESTS, DRAWINGS & SWEEPSTAKES
From time to time, the Service may make contests, sweepstakes or other promotions available to Users of the Service. All contests and sweepstakes are governed by this Agreement and the applicable Contest and Sweepstakes Rules. By participating in a contest or sweepstakes through the Service, You signify your agreement and acceptance of this Agreement and the applicable Contest and Sweepstakes Rules.
Notices or communications to FUJIFILM in connection with this Agreement must be in writing and must be submitted to FUJIFILM using any online contact information provided in the Service, or by courier or regular pre-paid mail to:
FUJIFILM North America Corporation
200 Summit Lake Drive
Valhalla, NY 10595
Attn.: Legal Department
Notices will be deemed to be received by FUJIFILM upon the earlier of five (5) business days after deposit in the U.S. mail, provided that if there is a slow-down or other labor dispute which affects the delivery of a notice by mail then it will be deemed to be received by FUJIFILM at the actual time of delivery.
Notices to You in connection with this Agreement may be sent by either e-mail to the electronic mail address supplied for your account or otherwise provided by You or by courier or regular pre-paid mail to your postal address or the postal address supplied for your account.
Notices will be deemed to be received by You upon the earlier of
(a) your receipt of FUJIFILM's express acknowledgement of receipt of e-mail transmission or
(b) five (5) business days after deposit in the U.S. mail, provided that if there is a slow-down or other labor dispute which affects the delivery of a notice by mail then it will be deemed to be received by You at the actual time of delivery.
If any provision of this 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 this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under this 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 provisions of this Agreement will inure to the benefit of and be binding upon FUJIFILM and its service providers and their respective successors and assigns, and You and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of FUJIFILM, which may be withheld in FUJIFILM's sole discretion. FUJIFILM and its service providers may assign this Agreement and their respective rights and obligations under this Agreement without your consent.
ACCEPTABLE USE POLICY
PLEASE CAREFULLY READ THIS ACCEPTABLE USE POLICY (THE “POLICY”) BY FUJIFILM, WHICH GOVERNS YOUR USE OF THE SERVICE ALONG WITH OUR TERMS AND CONDITIONS. THIS POLICY APPLIES TO YOUR USE OF THE SERVICE; TO OUR SOFTWARE, IF PROVIDED; AND TO ANY ADDITIONAL SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. CAPITALIZED TERMS USED HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE TERMS AND CONDITIONS ABOVE.
GENERAL USE RULES
Your use of the Service, including, without limitation, posting of user-supplied content, information or materials (“Materials”) to the Service, must be lawful, ethical, and respectful of the legal rights and interests of all other persons, and consistent with the security and reliability of the Service and the Internet generally.
Without limiting the above, the following rules apply to your use of the Service:
Your use of the Service must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Service from locations where the Service may be illegal is prohibited.
SECURITY AND PERFORMANCE
The Service must not be used by You with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Service, or impose an unreasonable or disproportionately large load or burden on the FUJIFILM system or its infrastructure.
THE RIGHTS OF OTHERS
Your use of the Service must not infringe the legal rights of any other person (including, without limitation, civil, privacy and personality rights, copyright, trademark, trade secret, patent, moral rights, and other proprietary rights).
NO DATA COLLECTION
Your use of the Service must not involve any data matching, e-mail harvesting, Web crawling, or data mining, including, without limitation, the collection and/or use of information about other users without their express, prior consent.
USE GUIDELINES - PROHIBITED USES
The following is a non-exhaustive list of prohibited uses of the Service. FUJIFILM reserves the right, in its sole discretion, to determine whether any use by you of the Service is prohibited or otherwise violates the Policy:
Uses that may violate the General Use Rules set forth above;
Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, harmful to minors, or otherwise objectionable. This prohibition extends to the posting of any Materials that depict, encourage, indicate, advocate or tend to incite any such conduct;
Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals;
Uses that may dilute or tarnish the name and reputation of FUJIFILM and its affiliates or associates;
Uses that modify, adapt, sub-license, translate, sell, reverse-engineer, decompile or disassemble any portion of the Service, our software code which underlies or is offered on the Service, or uses that delete, obscure or modify any proprietary notice contained on the Service;
Uses that frame or mirror any part of the Service without FUJIFILM's prior written authorization;
Uses that interfere with other persons' use and enjoyment of the Service or of the Internet generally;
Uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security of the Service or that may otherwise or result in the circumvention or breach of any user authentication, password, security or control measures regarding the Service or any other Internet resource or computer system; or unauthorized access to other persons' accounts and Materials (including, without limitation, Materials posted to the Service) or interference with their use and enjoyment of the Service;
Uses that conceal or misrepresent the author or origin of any message or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including, without limitation, any FUJIFILM company representative;
Uses that contain, hyperlink to or otherwise disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social security numbers, etc.) without that person's permission;
The uploading, posting or transmission to the Service of any of the following Materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally:
(i) Materials that contain links to other sites or Internet resources;
(ii) executable programs or audio and video recordings;
(iii) Materials that contain or involve the use of computer viruses, spyware, Trojan horses, worms, time bombs, cancelbots, keyloggers, or other malicious or destructive computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Service or any other computer system, hardware, software, telecommunications equipment, data, or personal information;
and (iv) Materials that are encrypted.
MONITORING AND COMPLAINTS
FUJIFILM is not obliged to monitor, screen, police or edit the use of the Service, including, without limitation, postings of Materials to the Service, although FUJIFILM reserves the right to do so in its sole discretion and without any notice or liability to You or any other person.
FUJIFILM will respond as it considers appropriate, in its sole discretion, if FUJIFILM becomes aware of any inappropriate uses of the Service, including, without limitation, uses that constitute copyright infringement.
COMPLIANCE, CONSEQUENCES, AND LAW ENFORCEMENT DISCLOSURE
FUJIFILM may in its sole discretion determine whether the Policy has been violated.
Policy violations constitute a breach of the Terms and Conditions above and may, in the sole discretion of FUJIFILM, result in:
(a) termination or suspension of permission to use the Service and any Service membership and accounts You may have;
(b) restricted access to Materials posted to the Service;
(c) removal and permanent deletion and destruction of Materials posted to the Service; and
(d) other consequences; all without any notice to You or any other person, and without any liability incurred by FUJIFILM to You.
Service users who violate the Policy may incur criminal or civil liability. You acknowledge that it is FUJIFILM's policy to cooperate with law enforcement agencies who may initiate investigations into illegal or improper activities relating to the Service. Alternately, FUJIFILM may in its sole discretion report perceived violations of applicable law to law enforcement authorities. FUJIFILM will cooperate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including, without limitation, providing Service Users' personal information (including, without limitation, account information and payment information), Service users' personal information, and copies of Materials used in connection with the Service, including, without limitation, Materials posted to the Service.
FUJIFILM's failure to enforce the Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of the Policy.
© Copyright 2017 FUJIFILM North America Corporation. All Rights Reserved.