Please read the General Terms and Conditions carefully before using this Site.

Last Updated on June 9, 2004

1. Terms and Conditions of Use of Site
   1. This website (the "Site") is provided by Fuji Photo Film Canada Inc. ("FUJIFILM"), conditional on your acceptance of the terms and conditions of use set forth below (the "General Terms and Conditions"). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials (including without limitation posted Content) from this Site (the "Materials"), or to send messages, information, data, text, software or images, or other materials to the Site ("Content") (collectively, "Use" of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these General Terms and Conditions, you should not Use this Site.
   2. FUJIFILM has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the General Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
   3. These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with FUJIFILM.
2. Changes to Site

   FUJIFILM may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials or Content on this Site, including without limitation editing (subject to the additional terms and conditions for the Photo Gallery) or refusing to post any Content, in whole or in part, that in FUJIFILM's sole discretion is objectionable or in violation of the General Terms and Conditions. FUJIFILM reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

3. Services of Site

   The Site currently provides:

   1. information about Fuji products;
   2. promotions;
   3. a photo gallery for selected photos from photographers (the "Photo gallery"); and
   4. links to other websites which Fuji believes may provide information of benefit to users of this Site;
   5. a "photo tips" section, which contains photography tips provided by professional photographers;
   6. a "My FUJIFILM" personalization function, which - by using information collected from each user on a form, and subject to each user enabling the use of "cookies" by Fuji - enables the Site to present and forward to each user of the Site information which is targeted at the type and level of photography which interests that user, subject to FUJIFILM's Privacy Policy

   (in each case, a "Website Service").

4. Permitted Uses

   You agree to only Use the Site for lawful purposes, and only to send Content and receive Materials that are proper and related to the particular Website Service, and FUJIFILM (subject to the General Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right, to so Use the Site solely for your own personal or internal company use.

5. Prohibited Uses

   You may not, nor may you allow others to, directly or indirectly:

   1. remove, any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of FUJIFILM;
   2. print or copy any of the HTML or other computer software that is accessible at this Site;
   3. Use this Site in any manner that could damage, 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, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part);
   4. use or attempt to use another's account, password, or other information in connection with this Site without prior written authorization from FUJIFILM; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a FUJIFILM employee or agent, or in the case of the Job Forum, a Candidate, 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;
   5. 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 Materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation;
   6. post opinions, 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 which requires an up front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents; or
   7. post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, 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.
   8. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted 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 the Content and Materials. 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 Content 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. 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 Materials, 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 Materials. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site 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' 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, Fuji 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 trademarks 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 trademarks 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, trademark, copyright, trade secret, or confidential information, of FUJIFILM or of any other contributor of Content to the Site.

8. Links and Disclaimers of Linked Sites

   Certain links on this Site may take you to other web sites. FUJIFILM provides these links only as a convenience. These linked sites are not necessarily under the control of FUJIFILM. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

   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 trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FUJIFILM.

   FUJIFILM welcomes links to this Site. However, you agree that if you want to link to this Site, you may only do so provided you (a) provide FUJIFILM with prior written notice describing the nature and features of the Site and the location of the link to the Site, (b) obtain the prior written consent of Fuji to such link, and (c) agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

   1. A link may only be established to the following home page of this Site: http://www.FUJIFILM.ca. Links may not be established to any other pages on this Site without FUJIFILM's prior written permission.
   2. If you link to this Site, FUJIFILM grants you a limited, non-exclusive, non-transferable, royalty-free license to use the FUJIFILM trademark and internet icons, if available, (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 trademarks or service marks for any reason without FUJIFILM's prior written permission.
   3. The linked website shall not:
      1. 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;
      2. create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
      3. and other materials shall not, imply that FUJIFILM is endorsing you or any other person, or your or such other person's products or services;
      4. 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;
      5. 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; and
      6. contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups.
   4. For greater certainty, FUJIFILM shall have no responsibility or liability for any content appearing on the linked web site.
   5. 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 Policy

   Any of your personal information which FUJIFILM collects via this Site is subject to FUJIFILM's Privacy Policy, which is incorporated by reference into the General Terms and Conditions.

10. User Communications

    Subject to any applicable law, the requirements of the Privacy Policy, and the restrictions set out in the additional terms and conditions for the Photo Gallery, any communications sent by or to you via this Site or otherwise to FUJIFILM (including without limitation Content) are on a non-confidential basis, and FUJIFILM is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. FUJIFILM shall be free to use the content of any such communication, 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. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications.

11. Disclaimers

    FUJIFILM Photo Film Canada Inc. makes reasonable efforts to ensure that the content it provides to the site is accurate and current. However, FUJIFILM is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be misstated or deceptively stated.

    You acknowledge that:

    1. FUJIFILM makes no representation or warranty of any kind regarding the Site, the Materials, and each Website Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Website Service;
    2. that 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
    3. that the Site, the Materials, and each Website Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.

    FUJIFILM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, FUJIFILM DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

12. 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 DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION 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, THE MATERIALS, 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.

13. Indemnity

    You agree to defend, indemnify and hold harmless each of FUJIFILM, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of the General Terms and Conditions.

14. Choice of law

    This Site is controlled, operated and administered by FUJIFILM from its offices within the Province of Ontario, Canada. FUJIFILM makes no representation or warranty that Materials at this Site are appropriate or available for use at any locations outside Canada, and accessing such Materials from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of law principles, and that you will comply with all such applicable laws. You agree not to export any of the Materials accessible through this Site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the General Terms and Conditions.

15. Arbitration

    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.

16. General

    The General Terms and Conditions constitute the entire agreement between FUJIFILM and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between FUJIFILM or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the General Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the General Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the General Terms and Conditions, and the remainder of the General Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and FUJIFILM. FUJIFILM failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the General Terms and Conditions shall be made except by a revised posting on this page. The General Terms and Conditions shall enure to the benefit of FUJIFILM and its affiliates. Any and all references in the General Terms and Conditions to FUJIFILM and its affiliates shall, where the context so permits, include FUJIFILM's parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. FUJIFILM may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.

17. Additional Terms of Use

    Certain areas of this Site are subject to additional terms of use, such as the Photo Gallery, all of which are incorporated by reference into the General Terms and Conditions. You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

18. Questions on General Terms and Conditions

    Should you have any questions regarding the General Terms and Conditions, you may contact FUJIFILM.