1. ACCEPTANCE OF TERMS
Welcome to MyFinePix. MyFinePix provides its services to you, subject to the following Terms of Service.
Here are the meanings of the abbreviations and specific terms we will use.
"Content" has the meaning given in clause 8.
"MyFinePix" means Fujifilm (UK) Limited.
"Registration Data" has the meaning given in clause 5.
"Rules" has the meaning given in clause 8.
"Services" means the collection of on-line resources and functions provided by MyFinePix.
"Software" has the meaning given in clause 20.
"TOS" means Terms of Service
"Terms of Service" means these terms and conditions.
"we" means MyFinePix.
"you" means the individual using the Services.
These TOS may be updated by MyFinePix from time to time without notice to you. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these TOS may also be superseded by provisions or notices published elsewhere on our site.
2. INFORMATION ABOUT US
www.myfinepix.co.uk is a site operated by Fujifilm (UK) Limited. We are registered in England and Wales under company number 01264514 and have our registered office at St Martin's Business Centre, St Martin's Way, Bedford, Bedfordshire MK42 0LF.
3. ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
4. DESCRIPTION OF SERVICE
MyFinePix provides users with access to a collection of on-line resources, including forums and images. Unless stated otherwise, any new features that are added are automatically subject to these TOS. You acknowledge and agree that the Services are provided "as is" and that MyFinePix assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In summary you are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these TOS, and that they comply with them.
5. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
You agree that when using the Services provided by MyFinePix that you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or MyFinePix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyFinePix has the right to suspend or terminate your account and refuse any and all current or future use of the Services (in whole or in part).
MyFinePix is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, you accept that they will be able to access all of the Services. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child. Children who are using this site and the Services should be made aware of the potential risks to them and their obligation to comply with the Rules when using our site and Services.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify MyFinePix of any unauthorised use of your password or account and any other breach of security; and (b) ensure that you exit from your account at the end of each session. MyFinePix cannot and will not be liable for any loss or damage arising from your failure to comply with this.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these TOS.
8. MEMBER CONDUCT
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the Content standards set out in these TOS. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
You acknowledge that all information, data, text, photographs, graphics, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not MyFinePix are entirely responsible for all Content that you upload or post via the Services. MyFinePix does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyFinePix be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
Any Content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a breach of their intellectual property rights, or of their right to privacy.
You agree to not use our site or the Services to:
- Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm children in any way.
- Impersonate any person or entity, including, a MyFinePix member of staff, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
- Upload, post or otherwise transmit any 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).
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- Harass another member; or extract, collect, process, combine or store personal data about other users.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Contain 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.
(Collectively referred to as the "Rules")
You acknowledge that MyFinePix has no obligation to monitor or moderate Content. We will not be responsible as author, editor or publisher of any Content submitted by you and we expressly exclude our liability for any loss or damage arising from the use of the Services by any person in contravention of the Rules.
MyFinePix and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that breaches these TOS or which we deem to be potentially defamatory of any person, unlawful or in breach of any third party rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that MyFinePix may access, preserve, and disclose your account information and Content:
- to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner;
- for the purpose of properly administering your account in accordance with the standard operating procedures of MyFinePix; and
- if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these TOS;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of MyFinePix, its users and the public.
9. BREACH OF THE RULES
When we consider that a breach of the Rules has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of these TOS, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Services.
- Immediate, temporary or permanent removal of any Content already posted.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
10. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
11. SPECIAL TERMS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. When you are on any international MyFinePix property, you are bound by these TOS and applicable laws governing that MyFinePix property.
12. PUBLIC CONTENT POSTED TO MYFINEPIX
For purposes of these TOS, "publicly accessible areas" of our site are those accessible by the general public. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Services, and that under no circumstances will MyFinePix be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other content) posted to publicly accessible areas may remain publicly accessible indefinitely.
With respect to Content, you elect to post for inclusion in publicly accessible areas of MyFinePix or that consists of photos you elect to post to any area of the Services, you grant MyFinePix a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting MyFinePix. This licence exists only for as long as you elect to continue to include such Content on the Services and shall be terminated at the time you delete such Content from the Services.
With respect to all other Content you elect to post to other publicly accessible areas of the Services, you grant MyFinePix the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
In accordance with the Rules, you must ensure that your Content does not infringe any copyright, database right or trade mark of any other person. By submitting your Content, you are warranting that you have the right to grant MyFinePix and members of our group company the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to MyFinePix and members of our group company, please do not submit the Content.
You agree to indemnify and hold MyFinePix and its members of its group companies and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your breach of these TOS, or your breach of any rights of a third party.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyFinePix may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that forum postings or other uploaded Content will be retained by our site, the maximum disk space that will be allotted on MyFinePix servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that MyFinePix has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You further acknowledge that MyFinePix reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
16. MODIFICATIONS TO SERVICE
MyFinePix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (in whole or in part) with or without notice. You agree that MyFinePix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that MyFinePix in its sole discretion, may terminate your password, account (or any part of your account) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, if MyFinePix believes that you have breached or acted inconsistently with the letter or spirit of these TOS. MyFinePix may also in its sole discretion and at any time discontinue providing the Services (in whole or in part)f, with or without notice.
You agree that any termination of your access to the Services under any provision of these TOS may be effected without prior notice, and acknowledge and agree that MyFinePix may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that MyFinePix shall not be liable to you or any third-party for any termination of your access to the Services.
18. LINKS FROM OUR SITES
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyFinePix has no control over such sites and resources, you acknowledge and agree that MyFinePix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyFinePix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
19. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the Content standards set out in these TOS.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
20. MYFINEPIX'S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Services and the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by MyFinePix, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
You agree not to access the Service by any means other than through the interface that is provided by MyFinePix for use in accessing the Services.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
21. LEGAL NOTICES
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, MyFinePix and other members of our group of companies and third parties connected to us expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
- Myfinepix makes no warranty or representation that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the Software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from MyFinePix or through or from the Service shall create any warranty or other obligation not expressly stated in the these TOS.
22. LIMITATION OF LIABILITY
You expressly acknowledge and agree that MyFinePix and other members of our group of companies and third parties connected to us shall not be liable for:
- any direct, indirect, incidental, special, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyFinePix has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The above does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service of these TOS must be filed within 1 year after such claim or cause of action arose
23. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Notices to you may be made via either email or regular mail. Our site may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on our site.
25. TRADEMARK INFORMATION
MyFinePix, the MyFinePix logo and product and service names are trademarks of FUJIFILM Corporation and its group companies. Without FUJIFILM Corporation's prior written permission, you agree not to display or use such marks, logos and/or branding.
26. COPYRIGHTS AND COPYRIGHT AGENTS
MyFinePix respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Services, please go to our copyright policy to report the problem.
27. GENERAL INFORMATION
These TOS (including the Rules and other policies) constitute the entire agreement between you and MyFinePix and govern your use of the Services, superseding any prior agreements between you and MyFinePix. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
These TOS and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these TOS in your country of residence or any other relevant country.
Any failure by MyFinePix to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.
Neither you nor MyFinePix may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that MyFinePix shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its companies in its group.
The section titles in these TOS are for convenience only and have no legal or contractual effect.
You agree that your MyFinePix account is non-transferable.
Any account that has not been used for a certain period of time may be terminated and all Contents related to that account may be deleted in line with the MyFinePix policy in force as at the current time.
Please report any breaches of these TOS by using the reporting function buttons displayed throughout the Services.
Copyright © 2009 FUJIFILM (UK) Limited. All rights reserved.
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