Last Updated on February 2, 2012
The Site currently provides or may provide the following Services:
You represent and warrant that you will not, nor will you allow others to, directly or indirectly:
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.
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.
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.
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.
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.
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.
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:
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.
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:
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 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.
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.
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.
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.