Terms Of Service
TERMS AND CONDITIONS OF USE FOR FUJIFILM PRINTLIFE CANADA
PLEASE READ THE FUJIFILM CANADA INC. (“FUJIFILM”) TERMS AND CONDITIONS BELOW THAT GOVERN YOUR USE OF THE FUJIFILM PRINTLIFE CANADA FAMILY OF SITES (INCLUDING BUT NOT LIMITED TO https://fujifilmprintlife.ca AND https://ca.capture.com) (COLLECTIVELY, THE "SITE") AND ANY GOODS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE (COLLECTIVELY, THE “SERVICE”). THESE TERMS AND CONDITIONS EXEMPT FUJIFILM AND OTHERS FROM LIABILITY AND/OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME THAT YOU USE THE SERVICE OR SITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR PRIVACY STATEMENT, AND APPLICABLE LAWS. IF YOU DO NOT AGREE TO BE BOUND BY EACH PROVISION OF THESE TERMS AND CONDITIONS EACH TIME THAT YOU USE THE SERVICE, YOU MAY NOT USE THE SERVICE.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS: These terms and conditions (which include/ incorporate by reference the Acceptable Use Policy (“AUP”) govern your use of the Site and any Materials that you may use or allow others to use in connection with the Site and Service. For purposes of these Terms and Conditions, “Materials” includes user IDs, e-mail addresses, passwords, comments, images, metadata, graphics, video, text, data and any other information that you submit to FUJIFILM, regardless of whether such information is posted publicly or with password protection.
CHANGES TO THESE TERMS AND CONDITIONS: FUJIFILM may, in its sole discretion, alter, supplement or amend these Terms and Conditions from time to time. Such changes shall not apply to any orders for products available for purchase on the Site (the “Products”) that you have already placed via the Site, however, they will apply to any future orders. Accordingly, please review these Terms and Conditions each time you place a new order for Products/ Service. If you do not agree to a change, you should cease using the Site. You may also feel free to delete your account on this Site (see Privacy Statement for instructions on how to delete your account).
AUTHORIZED USERS: The Service may be used only by individuals residing in Canada who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. You must be the age of majority in your province or territory to open an Site account, purchase any Products/ Service and/or to enter any contests or sweepstakes promoted on this Site (unless otherwise specified in the applicable official contests and/or sweepstakes rules). The Service may not be used by individuals who have had their Site account 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 Service and/or the provision of any service, program, feature, film, media, 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 any such service, program, feature, film, media, or other product that FUJIFILM provides. VOID WHERE PROHIBITED.
PRICES; AVAILABILITY: Product/ Service pricing shall change from time to time, and such pricing changes may occur without notice. The Product/ Service prices displayed on the Site do not include any delivery charges or applicable taxes. Delivery charges and applicable taxes will be provided to you on the checkout page prior to your placing an order.
If you order goods or services for which the price was incorrectly displayed at the time of your order, FUJIFILM will provide you with an opportunity to cancel your order. If you order goods or services that are not available, FUJIFILM will notify you by e-mail. FUJIFILM reserves the right to limit quantities licensed or sold.
While FUJIFILM tries to ensure that it has sufficient quantities of raw materials to fulfill customer demand, FUJIFILM cannot guarantee that goods or services advertised on the Site will always be available when ordered or thereafter. FUJIFILM reserves the right to reject, correct, cancel or terminate any order in the event of a lack of availability.
ADVERTISEMENTS OR PROMOTIONS: The Site may display advertisements or promotional offers and/or prices in connection with the Products and 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 without notice or liability to you or to any other person.
The promotions on the Site are invitations for purchase orders and are not offers to sell. Your properly-completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Site sends an order acceptance and shipping notice e-mail to your e-mail address.
FEES, CHARGES AND TAXES, ORDER PROCESS: All fees and charges will be at the rates in effect at the time the charges were incurred. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service and any use of the Service by any person using your user ID or password. All amounts appearing on the Site are quoted in Canadian dollars.
When you place an order for a Product on the Website, you permit Fujifilm and its payment processor(s) and service providers to charge the credit card, debit card or other payment method that you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes). If a credit card does not clear, the order is not generated. We do not hold credit card information (though such information may be held by our third party payment processor(s) and service providers in accordance with their standard practices). The purchase price and other applicable charges and taxes will be billed in advance of the delivery of goods and services.
Your submission of any payments for Products or Service via this Website is subject to PayPal Terms of Service (the “PayPal Terms of Service”). The PayPal Terms of Service are available for your review here. If you do not agree to the PayPal Terms of Service, do not place an order on this Website.
Fujifilm reserves the right to reject your order. For example, Fujifilm may reject your order if you are purchasing within or shipping outside of Canada or if your order contains content which violates these Terms and Conditions, including the AUP.
When your order is accepted by Fujifilm, we will send you an email which will include details of your order. Please refer to your number should you have any follow-up queries.
DELIVERY: We may not be able to deliver to all locations. If Fujifilm does not ship a Product to the address that you provided, you will be sent a notice and you will not be charged for your order. If you do not receive your Product, please contact the Fujifilm customer support team at: email@example.com. Any delivery dates or times provided by Fujifilm (or Fujifilm’s delivery agent) are estimates only and are not guaranteed.
RESALE AND GIFTS: You may only purchase Products/ Service for your personal use. You may not commercially resell any Product, but you may give the Product as a gift. These Terms and Conditions apply to any gift recipient.
RETURNS; PRODUCT & SERVICE WARRANTIES: Orders may not be cancelled by you once submitted. No returns, exchanges or refunds are permitted unless the Product has been mis-shipped or is defective. If you received a Product that has been mis-shipped or is defective through no fault of your own, you may be entitled to a refund or replacement of your Product if you contact Fujifilm within thirty (30) days of your receipt of the defective and/or mis-shipped Product. For more information, please contact the FUJIFILM customer services department at: firstname.lastname@example.org. Nothing in this section affects your legal rights under applicable laws.
Fujifilm has all necessary rights and title to sell the Products (excluding the Materials and any content based on the Materials) to you and all Products sold to you shall be new. Except for the forgoing warranties, and EXCEPT TO THE EXTENT PROHIBITED BY LAW, FUJIFILM MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR WARRANTIES ARISING UNDER COURSE OF DEALING OR USAGE OF TRADE. THE PRODUCTS, SERVICES AND ANY DOCUMENTATION PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS” BASIS. In addition, all warranties, if any, are subject to the warranty period, and any applicable exclusions, requirements and conditions. No warranty will be applicable in the event of your mishandling, misuse, abuse, neglect, lack of maintenance, or product alteration. The repair or replacement remedies outlined above constitute your exclusive remedies, and our sole obligation, if products are defective or non-conforming as of the time of delivery to you.
REGARDING SERVICES, FUJIFILM WARRANTS THAT THE SERVICES PROVIDED IN CONNECTION WITH YOUR ORDER WILL BE PROVIDED IN A COMPETENT MANNER, CONSISTENT WITH LOCAL STANDARDS, AND IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. THIS IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY VENDOR REGARDING THE SERVICES AND, EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. In the event of Fujifilm’s breach of this warranty, you shall notify the Fujifilm customer service team as indicated in the ‘returns’ section above within ninety (90) days of your receipt of the affected order. Your sole remedy, and Fujifilm’s sole obligation, will be, upon confirmation of the breach, to re-perform the defective service or refund you for the affected order at no additional expense to you.
THESE WARRANTIES ARE SUBJECT TO ANY ADDITIONAL RIGHTS AND/OR LEGAL REMEDIES THAT MAY BE AVAILABLE TO YOU IN YOUR JURISDICTION (e.g., IN QUEBEC). CHECK WITH YOUR JURISDICTION FOR FURTHER INFORMATION.
CONTESTS, DRAWINGS & SWEEPSTAKES: From time to time, the Site may post or link to contests, sweepstakes or other promotions available to some users of the Service. All contests are governed by these Terms and Conditions, unless otherwise specified, and the applicable official contest and/or sweepstakes rules (the “Rules”). By participating in a contest and/or sweepstakes posted or promoted through the Site, you signify your agreement and acceptance of these Terms of Service and the applicable Rules.
You agree that, in order to process your order, Fujifilm may provide your order information to third parties to assist in fulfilling or delivering your order as further described in the Privacy Statement. Your film, photographs, videos and personal information may be processed outside of Canada and, as such, may be provided to regulatory parties in that applicable jurisdiction in accordance with that jurisdiction’s laws.
TERMINATION OF THESE TERMS AND CONDITIONS AND THE SERVICE: You may terminate these Terms and Conditions (and, hence, your use of the Service) at any time. To terminate these Terms and Conditions, registered users must notify the Site by using the online submission form via the “Contact Us” portion of the Site. Upon receipt of your termination notice, the Site will terminate your account, and you will no longer have access as a registered user. If you cease to be an active user of the Site and/or Service, we will continue to treat any personal information you have provided to us in connection with the Site in accordance with our Privacy Statement.
Additionally, the Site or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Service and any account you may have; (ii) suspend or terminate and permanently delete any user ID, password, URL, IP address or domain name; (iii) remove from the Service and permanently delete and destroy any Materials (or any components thereof) that you or others may have posted or submitted to the Service (and for purposes of these Terms and Conditions, “posted” and “submitted” includes transmission on or through the Internet) for any reason or no reason; (iv) restrict access to the Materials posted or submitted to the Service and to any account you may have; and (v) bar you from any future use of the Service; all without providing any prior notice to you or to any other person. If you breach any provision of these Terms and Conditions, then you may no longer use the Service.
FUJIFILM and its service providers are 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 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.
Post-termination procedure: If these Terms and Conditions are terminated by you or by FUJIFILM for any reason, then: (a) these Terms and Conditions 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; and (b) The Site 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.
DISCLAIMERS: YOUR USE OF THE SITE, 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 NOR INTENDED TO BE USED AS A DISASTER RECOVERY FACILITY OR AS A DATA STORAGE FACILITY. ALTHOUGH FUJIFILM TAKES REASONABLE PRECAUTIONS TO PROTECT THE MATERIAL THAT YOU MAY PHYSICALLY PROVIDE TO FUJIFILM OR ELECTRONICALLY UPLOAD TO THE SERVICE, 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 OUR 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 ALL COMPUTER HARDWARE, PERIPHERALS, ACCESSORIES, TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC AND IMAGING EQUIPMENT, AND SOFTWARE.
YOU ARE SOLELY RESPONSIBLE FOR, AND BEAR ALL RISKS AND LIABILITIES ASSOCIATED WITH, ALL MATERIALS THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER PERSON ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO: USE OF THE SERVICE BY YOU, OR ANYONE ACCESSING THE SERVICE WITH YOUR USER ID OR PASSWORD; YOUR BREACH OF THESE TERMS AND CONDITIONS, OUR PRIVACY STATEMENT, AND/OR OUR AUP; YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHER PERSONS; OR YOUR VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. YOU ARE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH THE MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED TO THE SITE, ARE USED BY MEMBERS AND OTHER SERVICE USERS. FUJIFILM AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE SITE’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 THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE AND RELATED SERVICES.
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 SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES, OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
WITHOUT LIMITING THE GENERALITY OF ANY OTHER WARRANTY DISCLAIMERS PROVIDED IN THESE TERMS AND CONDITIONS, 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 SITE OR ANY MATERIALS THAT YOU OR THIRD PARTIES POST TO 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, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE SITE, 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;
- PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS; OR
- 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 AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS ON LIABILITY: NEITHER FUJIFILM, ITS SUCCESSORS, ASSIGNS, AFFILIATES, SUBCONTRACTORS SERVICE PROVIDERS NOR THEIR RESPECTIVE AGENTS/MANDATARIES, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “FUJIFILM GROUP”) SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION, ANY LOSSES OR DAMAGES DUE TO LOSS OF PRODUCTION, LOSS OF INCOME, GOODWILL OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS) ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SITE AND/OR SERVICES BY YOU OR BY ANY OTHER PERSON, REGARDLESS OF THE NATURE OF THE CLAIM(S) ASSERTED (WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY) 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, IN NO EVENT SHALL THE FUJIFILM GROUP’S LIABILITY AND/OR YOUR REMEDIES FROM THE FUJIFILM GROUP FOR ANY DAMAGES, CLAIMS OR DEMANDS STEMMING FROM YOUR USE OF THE SITE OR THE SERVICE EXCEED THE AMOUNT OF THE ORDER TO WHICH YOUR CLAIM RELATES.
WITHOUT LIMITING ANY PROVISIONS WITHIN THIS ‘LIMITATION OF LIABILITY’ SECTION, IN THE EVENT ANY FILM (DEFINED ABOVE IN THE ‘DISCLAIMERS’ SECTION) YOU SUBMIT TO FUJIFILM IS LOST, DAMAGED OR CORRUPTED IN ANY WAY PRIOR TO, OR WHILE, BEING PROCESSED IN CONNECTION WITH THE SERVICES, FUJIFILM’S SOLE LIABILITY AND YOUR SOLE REMEDY WITH RESPECT TO SUCH FILM SHALL BE, AT FUJIFILM’S OPTION, (i) THE REIMBURSEMENT TO YOU OF THE PURCHASE PRICE OF SUCH FILM OR (ii) THE REPLACEMENT OF SUCH FILM WITH UNEXPOSED FILM OF THE SAME OR SUBSTANTIALLY SIMILAR QUALITY. EXCEPT FOR THE AFOREMENTIONED EXCLUSIVE REMEDY OF REIMBURSEMENT / REPLACEMENT, THE HANDLING OF FILM, PRINT, SLIDE, NEGATIVE OR DIGITAL FILE IS WITHOUT WARRANTY OR LIABILITY AND RECOVERY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS EXCLUDED. FURTHERMORE, WITHIN TEN (10) DAYS AFTER COMPLETION OF THE SERVICES, THE FILM WILL BE DESTROYED, AND (FOR CLARITY) WILL NOT BE RETURNED TO YOU. IF YOU ARE NOT COMFORTABLE WITH THE AFOREMENTIONED REMEDY OR DESTRUCTION, PLEASE DO NOT SUBMIT YOUR FILM TO FUJIFILM FOR PROCESSING.
RELEASE AND INDEMNIFICATION: You hereby release, remise and forever discharge the FUJIFILM Group 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 or the Service.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE FUJIFILM GROUP HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE FUJIFILM GROUP IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH USE OF THE SITE OR SERVICE BY YOU OR ANYONE ACCESSING THE SITE OR SERVICE USING YOUR USER ID OR PASSWORD. YOU AGREE THAT YOU WILL ASSIST AND COOPERATE AS FULLY AS IS REASONABLY REQUIRED BY THE FUJIFILM GROUP IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY THE FUJIFILM GROUP, OR THROUGH THE SITE OR SERVICE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION, OR VARY OR AMEND THESE TERMS AND CONDITIONS, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE, AND/OR INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
THIRD PARTY TRANSACTIONS: THROUGH YOUR USE OF THE SITE AND SERVICE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK AND ARE SUBJECT TO SUCH OTHER PARTIES’ TERMS AND CONDITIONS AND PRIVACY POLICIES. FUJIFILM AND ITS SERVICE PROVIDERS (UNLESS A PARTICULAR SERVICE PROVIDER EXPRESSLY AGREES OTHERWISE) ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
USE OF THE SERVICE: You must utilize the Service responsibly and with respect for all persons. You must comply with all applicable laws, rules and regulations, as well as with these Terms and Conditions which include, without limitation, FUJIFILM’s Acceptable Use Policy and you must ensure that your account, regardless of who is using it, is in full compliance with the forgoing as well.
ACCOUNT PASSWORDS: Some areas, features or services of the Site may require you to register with the Site. 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 Site to any third party. You must immediately notify the Site 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 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 Site, 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. Please refer to our Privacy Statement for additional information regarding the above.
MEDIA STORAGE: The Service is not designed or intended to be used as a disaster recovery or emergency data storage facility. You are responsible for creating and maintaining copies of your photos and/or videos, as backups, prior to posting or uploading any images or other content or materials to the Site. As specified in the Privacy Statement, all images/ video content submitted by you shall be removed from the Site within a reasonable amount of time after the order to which is relates is fulfilled or the contest/ sweepstakes to which it relates is completed. Film and Digital Files (defined above in the ‘Disclaimer’ section) will not be returned and will be disposed of within the time periods described in the ‘Disclaimer’ section above.
OWNERSHIP AND USE OF THE SITE, SITE CONTENT AND THE SERVICES: The Site and Service and all of its content, including data, photographs, videos and images (other than those submitted by you), graphics, layout and design, Web site code, animation, icons, software, and other elements (collectively the “Site Content”), are owned or licensed by FUJIFILM or its suppliers. The Service and the Site Content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, as between you and FUJIFILM, the entire Site Content is, under domestic and international copyright laws, a collective work owned by FUJIFILM. Your use of the Service and its Site Content does not transfer to you any ownership or other rights in the Service or its Site Content.
The Service and Site Content may not be used for any purpose not expressly permitted by these Terms and Conditions or our Acceptable Use Policy. In particular, except as expressly stated otherwise in these Terms and Conditions or the AUP, 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.
You may access and browse the Site using a commercially available, SSL-capable Web browser. You may print or download the pages of the Site and its content for your personal, non-commercial use, provided that you do not modify any of the Web pages or content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
LICENSE, WARRANTIES AND AGREEMENTS: For all Film, Digital Files and other Materials that you may use or allow others to use in connection with the Service, including Digital Files and 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 Film, Digital Files and 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 (i) your Film, Digital Files and 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 (ii) you have all the rights or authorizations necessary to grant all rights and licenses set forth above.
- You also grant to FUJIFILM the right to use your actual and/or user name in connection with the Materials.
- You also agree that FUJIFILM or its service providers will destroy all Film and Digital Files (defined in the ‘Disclaimers’ section above) within the time periods set out in the ‘Disclaimers’ section above.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE FUJIFILM GROUP HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE FUJIFILM GROUP IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR FILM, DIGITAL FILES OR MATERIALS, INCLUDING AS A RESULT OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES ABOVE BEING OR BECOMING UNTRUE.
COPYRIGHT CONCERNS: 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 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 Site 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 Site;
- 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.
FUJIFILM will handle such requests with due care. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send FUJIFILM a counter-notice. We request that notices and counter-notices meet the then-current statutory requirements imposed by the Canadian Copyright Act (http://laws-lois.justice.gc.ca/eng/acts/c-42/).
INFORMATION SUBMISSIONS: All information that you provide through the Service, including your account information (name and e-mail addresses), billing information (credit card numbers and expiration date), and shipping and transaction-related information must be true, accurate, current and complete. Because the Site 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.
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 (such as auction sites) or sites that you do not own or maintain, 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 the Materials that you might post to the Site. Any other links to the Site or its content without the express permission of FUJIFILM are strictly prohibited.
NOTICES: Notices or communications to FUJIFILM in connection with these Terms and Conditions must be in writing and must be submitted to FUJIFILM either using the “Contact Us” portion of the Site using an overnight courier or regular pre-paid mail to:
FUJIFILM Canada Inc.
600 Suffolk Court
Notices to you in connection with these Terms and Conditions 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 and shall be deemed received upon (a) FUJIFILM’s express acknowledgement of receipt of e-mail transmission or (b) five (5) business days after deposit in Canada Post.
GOVERNING LAW AND DISPUTE RESOLUTION: These Terms and Conditions, your use of the Service, all transactions through the Service, and all related matters are governed solely by the laws of the Province of Ontario, Canada, and applicable federal laws of Canada, 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, these Terms and Conditions, any transaction through the Service or any related matters must be resolved before the Courts of the Province of Ontario, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the provincial 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, these Terms and Conditions, any transaction through the Service or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within two (2) years after the claim or cause of action arises.
MISCELLANEOUS: If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions 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 these Terms and Conditions 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.
These Terms and Conditions, the Privacy Statement, and the Acceptable Use Policy as amended from time to time by FUJIFILM, and any contest rules, constitute the entire agreement between you and FUJIFILM relating to your use of the Service and supersede all previous agreements, written, oral or otherwise, between you and FUJIFILM with respect to your use of the Service.
The disclaimers, limitations on liability, release, and indemnity provisions in these Terms and Conditions survive the termination of these Terms and Conditions.
The provisions of these Terms and Conditions 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.
Any rights not expressly granted by these Terms and Conditions are reserved to FUJIFILM.
Policy last updated: March <> 2023.
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