Terms and Conditions
Last Updated on February 2, 2012
1. Terms and Conditions of Use of Site
2. Changes to Site
3. Services of Site
The Site currently provides or may provide the following Services:
- information about FUJIFILM products;
- promotions, contests and sweepstakes;
- the ability to upload User Content to the Site and/or engage in other interactive services such as public forums and blogging;
- links to other websites which FUJIFILM believes may provide information of benefit to users of this Site;
- a “photo tips” section, which contains photography tips provided by professional photographers; and
- the ability of users to rate and review FUJIFILM products.
4. Permitted Uses
5. Prohibited Uses
You represent and warrant that you will not, nor will you allow others to, directly or indirectly:
- remove or copy any of the Site Content, or remove the copyright or other proprietary notices contained in the Site Content; sell, reproduce, modify or attempt to modify the Site Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Site Content on any other website; or transfer any of the Site Content to any other person without the prior written consent of FUJIFILM;
- print or copy any of the HTML or other computer software and/or code that is accessible at this Site;
- use or interact with this Site in any manner that could damage, disrupt, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any Services, system resources, accounts, servers, networks, computer software, hardware, telecommunications equipment and/or affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site material containing computer viruses, Trojan horses, worms or other files, code or computer programs which are potentially harmful, damaging, disruptive and/or destructive);
- use any robot, spider, scrapers or other means (whether by automatic program or device, manual process or otherwise) to monitor, copy, summarize, harvest, collect, process, combine, store or otherwise extract, use or disclose any information from this Site or the Site Content in whole or in part, respecting other users (including, but not limited to, the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any user); orcircumvent or violate robot exclusion headers or any other means of limiting access;
- harass another user, use or attempt to use another’s account, password, or other information in connection with this Site; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a FUJIFILM employee or agent, an employer or a recruiter, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;
- disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Site Content posted by any other person or entity; or
- post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity.
In addition, you agree that you are solely responsible for actions or communications undertaken, or Content transmitted, uploaded or posted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of any Content. FUJIFILM will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. FUJIFILM reserves the right at all times to disclose any Site Content or other Content transmitted by you as necessary to satisfy any law, regulation or governmental request.
6. Registration and Password
You are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. FUJIFILM may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trade-mark 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 changed on a regular basis, and registered users must log-out at the end of each session. You agree to immediately notify FUJIFILM of any unauthorized use of your registration information or of any other breach of security of which you are aware.
7. Proprietary Rights
This Site, including without limitation all Site Content, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Site Content. Any software, including any files and images generated by such software and code and data accompanying such software used or accessible through this Site (the “Software”) is the copyrighted work of FUJIFILM or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
For greater certainty, FUJIFILM’s services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. FUJIFILM reserves all such rights.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation Fujifilm.ca, FUJIFILM Canada, Fujifilm, and Fuji, constitute trade-marks, trade names, trade dress and associated products and services of FUJIFILM or its affiliates, and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of any of same, in whole or in part, without prior written authorization of FUJIFILM is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trade-marks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trade-marks or trade names. Any unauthorized use of them is strictly prohibited.
Except as expressly provided herein, FUJIFILM does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trade-mark, copyright, trade secret, or confidential information, of FUJIFILM or of any other contributor of Site Content.
8. Links and Disclaimers of Linked Sites
FUJIFILM is not responsible for the contents of any such linked pages or any other pages not under its control. FUJIFILM makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that FUJIFILM sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of FUJIFILM.
- If you link to this Site, FUJIFILM grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Fujifilm word mark (the “Licensed Marks”) solely for the purpose of serving as a link from the applicable web site to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of FUJIFILM’s trade-marks or service marks for any reason without FUJIFILM’s prior written permission.
- The linked website, and other materials, shall not:i. change in any material way the nature and features of such website from that described to FUJIFILM in the written notice provided to FUJIFILM prior to the establishment of the link;
ii. create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
iii. imply that FUJIFILM is endorsing you, or any other person, or your or such other person’s products or services;
iv. imply an affiliation between you or any other person, or your or such other person’s products or services, and FUJIFILM without the prior written consent of FUJIFILM;
v. misrepresent the relationship of you or any other person with FUJIFILM or present false, misleading or otherwise damaging information or impressions about FUJIFILM or any of its products or services;
vi. contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups; or
vii. incorporate the Site or the Site Content into another website.
FUJIFILM may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If FUJIFILM exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks.
FUJIFILM may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.
9. Privacy Statement; Electronic Communication Consent
YOU ALSO HEREBY CONSENT TO FUJIFILM AND ITS REPRESENTATIVES SENDING YOU E-MAILS AND OTHER ELECTRONIC COMMUNICATIONS REGARDING THIS SITE, THE SITE CONTENT AND THE SERVICES IN ACCORDANCE WITH THE PRIVACY STATEMENT. YOU CAN CHANGE YOUR E-MAIL AND ELECTRONIC COMMUNICATIONS PREFERENCES BY EMAILING FCANCUSTSERVICE@FUJIFILM.COM WITH YOUR REQUEST.
10. User Communications; Content; Guidelines
Subject to any applicable law and the requirements of the Privacy Statement, any Content sent, transmitted, uploaded or posted by you or on your behalf to this Site or otherwise to FUJIFILM is provided on a non-confidential basis, including any ratings or reviews posted by you, and FUJIFILM is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. You hereby grant to FUJIFILM, its affiliates and their respective service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide right and license to use access, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, delete, adapt, publish, translate, create derivative works from, and otherwise use any Content in any form, media or technology now known or later developed, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services, without providing compensation to you or to any other person, and without any liability to you or any other person. You hereby waive the right to receive any financial or other consideration in connection with such Content, including without limitation acknowledgment of you as the source of such Content.
You irrevocably waive any moral rights or rights of a similar nature that you may have in any Content that you submit, including rights to integrity and attribution of authorship.
By transmitting, uploading or posting any Content with respect to the Site, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such Content have been voluntarily waived by you;
- FUJIFILM and its affiliates’ access, copying, reproduction, distribution, transmission, display, performance, communication, modification, deletion, adaptation, publication, translation, creation of derivative works from, and other use of the Content as permitted by this agreement will not violate or infringe the intellectual property, privacy or other rights of any third party;
- you have the right to grant FUJIFILM and its affiliates the rights and licenses described above (if you are not in a position to grant such a license to FUJIFILM and its affiliates, you must not submit the Content);
- all Content that you post is accurate and provided with no intention to mislead;
- you are at least 13 years old;
- you are not impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- you have not been compensated or granted any consideration by a third party for submitting such Content;
- you have disclosed any potential conflict or other vested interest, such as the fact that you or someone in your immediate family or household works for FUJIFILM, a major supplier or vendor of FUJIFILM, or one of their respective affiliates;
- you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; and
- you will not post Content which contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
We may allow you to submit reviews and product ratings on the Site. When writing your review, you should adhere to the Review Guidelines posted on this Site.
- Content that contains obscenities, nudity or is unlawful, harmful, threatening, explicit, abusive, harassing, defamatory, libelous, vulgar, pornographic, obscene, invasive of another’s privacy, hateful, tortious, racially, ethnically or otherwise objectionable or not suited for a public forum.
- Content which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Content that harms children in any way.
- Content which depicts or describes an unlawful or criminal act or advocates, promotes, or incites any third party to commit, or assist any unlawful or criminal act.
- Content containing statements which members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Content that infringes or violates any third party’s patent, copyright, trade-mark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
- Content which includes email addresses, URLs, phone numbers, physical addresses or other forms of contact information including but not limited to any name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual.
- Content that impersonates any person or entity, including a FUJIFILM member of staff, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as “inside information”, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Content containing any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Content which uses the Site for any commercial purpose.
- Content which contains critical or spiteful comments respecting other reviews posted on the Site, their authors or anyone else.
- Content which contains references to a retailer or a competitor’s name or model.
11. POLICY FOR SUBMITTED IDEAS
FUJIFILM and its affiliated companies maintain a policy not to accept any ideas from the public in order to avoid possible future confusion between such submitted ideas and ideas of our own, and also to avoid restriction of our own original research and development activities. Such ideas shall be considered Content for purposes herein. Notwithstanding the foregoing request, if your ideas are brought to our attention, through this Site or by e-mail/postal mail etc., they will be treated, unless made upon our request and as otherwise agreed upon in writing by us, upon the understanding that you agreed to the following terms:
- FUJIFILM and its affiliated companies are under no obligation to handle the submitted ideas as confidential information.
- FUJIFILM and its affiliated companies are under no obligation to study, evaluate, or adopt the submitted ideas.
- FUJIFILM and its affiliated companies may ourselves be developing and creating identical or similar ideas and even if we utilize such ideas in any of our products, or publish or announce information identical or similar in whole or in part to the submitted ideas, we shall neither be responsible nor liable for any compensation therefor.
By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be misstated or deceptively stated.
You acknowledge that:
- FUJIFILM makes no representation or warranty of any kind regarding the Site, the Site Content, and each Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Site Content or about the results to be obtained using the Site Content or any Service;
- you will be solely responsible for any Content you provide the Site or otherwise provide to FUJIFILM, including without limitation for its truthfulness and accuracy; and
- the Site, the Site Content, and each Service are provided on an “AS IS” basis; and that any use of or reliance on this Site or any Site Content shall be at your sole risk.
FUJIFILM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AMD ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING AND USAGE OF TRADE. FOR GREATER CERTAINTY, FUJIFILM DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED HEREIN DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM, TRANSMISSION LINK, OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, LABOUR DIFFICULTIES, INTERRUPTION OF TRANSPORTATION, ACTS OF ANY GOVERNMENT AUTHORITY, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
THE LAWS OF CERTAIN JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW LIMITATIONS ON SOME IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL FUJIFILM OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING ,WITHOUT LIMITATION, WITH RESPECT TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF FUJIFILM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
WITHOUT LIMITING THE FORGOING EXCLUSION, FUJIFILM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES, CLAIMS OR DEMANDS STEMMING FROM YOUR USE OF THE SITE SHALL NOT EXCEED CDN $100.
THE LAWS OF CERTAIN JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Choice of law
Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
17. Infringement Notice
If you believe in good faith that any Site Content infringes upon your copyright rights, you may request that such Content be removed, or that access to it be blocked. All such notices shall be sent to:
Fujifilm Canada Inc.
600 Suffolk Court
Mississauga ON L5R 4G4
Attention: Chief Privacy Officer
or by email at firstname.lastname@example.org.
Please provide us with sufficient contact information so that we may contact you if necessary to address your notice. Any personal information you provide in the notice shall be used solely for the purpose of addressing your request for removal.