instax™ WEBSITE TERMS OF USE

1. TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the instax™ website http://www.instax.co.uk/ (“our site”). Please read these terms of use carefully before you start to use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Here are the meanings of some of the abbreviations and specific terms we will use.

“Content” has the meaning given in clause 6.

“our site” means the instax™ website http://www.instax.co.uk/.

“Software” has the meaning given in clause 19.

“Fujifilm/we/us” means FUJIFILM UK Limited.

“you” means the individual using our site.

2. INFORMATION ABOUT US

The instax™ website is operated by FUJIFILM UK Limited (“we/us”). We are registered in England and Wales under company number 01264514 and have our registered office at St Martins Business Centre, St Martins Way, Bedford, MK42 0LF.

To contact us, please email us at [email protected].

3. ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services we provide on our site (in whole or in part) with or without notice (see below). We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period or for any modification, suspension or discontinuance of such services.

In order to use our site, you must obtain access to the internet through a computer, tablet or other device that accesses web-based content. You must provide such computer, tablet or other device and pay for any service and/or telephony fees associated with such access.

In summary you are responsible for making all arrangements necessary for you to have access to our site.

4. SUPERVISING CHILDREN

We are concerned about the safety and privacy of all users of our site, particularly children. For this reason, parents who wish to allow their children access to the services we provide on our site should supervise their access to such services. By allowing your child access to such services, you accept that they will be able to access all of such services. Please remember that these services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of such services and/or Content are appropriate for your child. Children who are using our site should be made aware of the potential risks to them and their obligation to comply with these terms of use when using our site.

5. PRIVACY POLICY

We process information about you in accordance with our Privacy Policy. For more information, please see our full privacy policy at http://www.instax.co.uk/privacy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

6. USER CONDUCT AND UPLOADED CONTENT

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 below. 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 Fujifilm are entirely responsible for all Content that you upload or post on our site. We do not control the Content posted on our site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using our site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we 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 using our site. 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.

We have the right to disclose, to the extent permissible by law, your identity to any third party who is claiming that any Content posted or uploaded by you using our site constitutes a breach of their intellectual property rights, or of their right to privacy.

You agree to not use our site to do any of the following (collectively referred to as the “Rules”):

  • 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 Fujifilm 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 using our site.
  • 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 our site 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 our site or servers or networks connected to our site, or disobey any requirements, procedures, policies or regulations of networks connected to our site.
  • Harass another user; 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.
  • Upload, post or otherwise transmit a statement where 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.

Although we prohibit the uploading of certain types of image and other material to our site, we cannot control, nor do we monitor the use of our site. It is possible that images or other material may appear on our site which are unlawful or offensive and contravene our restrictions on Content set out above. We are not responsible for such images or material but if you become aware of any such images or material on our site please contact us without delay.

We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our site including the uploading of any images in breach of the above restrictions on Content. We may provide copies of any relevant Content to law enforcement authorities and in that connection may also give them access to any personal data that is held by us to the extent permissible by law.

We may without notice and at our sole discretion delete or remove any Content that has been uploaded in breach of these Terms.

We may refuse to provide any further services to anyone who breaches these Terms.

You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

  • any use by you or those acting on your behalf of our site in breach of these Terms; or
  • any claim that the uploading of any images by you or on your behalf is an infringement of any third party’s rights of privacy, image rights, copyright, trade mark or other intellectual property rights.

We expressly exclude our liability for any loss or damage arising from the use of our site by any person in contravention of the Rules.

You agree that we may access, preserve, and disclose any Content 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 terms of use;
  • 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 Fujifilm, its staff, users of our site and the public.

7. 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 the Rules constitutes a material breach of these terms of use, 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 we provide on our site.
  • 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 the Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

8. PUBLIC AND OTHER CONTENT POSTED ON OUR SITE

For purposes of these Terms, “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 share with others via the services we provide on our site, and that under no circumstances will we 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) shared with others via the services we provide on our site will be uploaded to publicly accessible areas on our site and may remain publicly accessible indefinitely.

With respect to Content you elect to share to publicly accessible areas of our site or Content that consists of photos you elect to post to any area of our site, you grant us a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the services we provide on our site solely for the purpose of displaying, distributing and promoting our site. This licence exists only for as long as you elect to continue to include such Content on our site and shall be terminated at the time you delete such Content from our site.

With respect to all Content you elect to share to publicly accessible areas of our site, you grant us and our fellow FUJIFILM Group companies 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 us and the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to us and our fellow FUJIFILM Group companies, please do not submit the Content.

9. RIGHTS

Subject to the licence and similar rights granted to us and others under these terms of use, you retain all intellectual property rights, including copyright, in those images that you have uploaded to our site where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our site.

We may delete, remove or refuse to display any material at our sole discretion.

It is a condition of allowing you to use our site and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our site and to allow us to process and otherwise deal with those images in accordance with these terms of use.

You may not upload any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these terms of use. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

10. OPERATION OF OUR SITE

We aim to update our site regularly, and may change the format and content of our site (or any services offered by our site) at any time.

If the need arises, we may terminate or suspend the operation of our site (or terminate or suspend provision of any services offered through our site) for support or maintenance work, in order to update the content or for any other reason. We may even close it indefinitely. We may do this at any time and without notice.

Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

You are advised to keep backups of all Content provided to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our site.

11. 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 user of our site, or by anyone who may be informed of any of its contents.

12. 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.

13. INDEMNITY

You agree to indemnify and hold us and our fellow FUJIFILM Group companies and our and their 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 our site, your use of the services we provide on our site, your connection to such services, your breach of these terms of use, 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 we provide on our site, use of such services, or access to such services.

15. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of the services we provide on our site, including without limitation the maximum number of days that blog postings or other uploaded Content will be retained by our site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access such services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by such services. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

16. TERMINATION

You agree that we, in our sole discretion, may terminate your use of the services we provide on our site, and remove and discard any Content within such services, for any reason including, without limitation, if we believe that you have breached or acted inconsistently with the letter or spirit of these terms of use. We may also, in our sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.

You agree that any termination of your access to such services under any provision of these terms of use may be effected without prior notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to such services.

17. LINKS FROM OUR SITE

Our site may provide, or third parties may provide, links to other internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are 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 we 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.

18. LINKING TO OUR SITE

You may provide a link to our site, provided that 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 or application that is not owned by you.

Our site must not be framed on any other site or in any other application.

We reserve the right to withdraw linking permission without notice.

The website or application from which you are linking must comply in all respects with the Content standards set out in these terms of use.

If you wish to make any use of material on our site other than that set out above, please address your request to us at [email protected]

19. OUR PROPRIETARY RIGHTS

You acknowledge and agree that the services we provide on our site and any necessary software used in connection with such 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 our site and the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our site or the Software, in whole or in part.

You agree not to access such services by any means other than through the interface that is provided by us use in accessing such 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.

20. LEGAL NOTICES

You expressly acknowledge and agree that:

  • Your use of our site is at your sole risk. The services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we and our fellow FUJIFILM Group 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 such services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
  • We make no warranty or representation that: (i) the services we provide on our site will meet your requirements; (ii) such services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of such services will be accurate or reliable; (iv) the quality of any services, information, or other material obtained by you through such services will meet your expectations; and (v) any errors in the Software will be corrected.
  • Any material downloaded or otherwise obtained through the use of our site is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile device or 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 us or through or from our site shall create any warranty or other obligation not expressly stated in these terms of use.

21. LIMITATION on OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our fellow FUJIFILM Group companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect, special, consequential or exemplary loss or damage (even if we have been advised of the possibility of such damages) including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or wasted management or office time, resulting from: (i) the use, inability to use, or results of the use of our site or any services provided on our site, any websites or resources linked to it and any materials posted on it; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on such services; or (iv) any other matter relating to our site or such services, in each case whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor 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 our site or these terms of use must be filed within 1 year after such claim or cause of action arose.

22. 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(s) 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 mobile device, 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 or other resource linked to it.

23. NOTICES

Notices to you may be made via either email or regular mail. our site may also provide notices of changes to these terms of use or other matters by displaying notices or links to notices to you generally on our site.

24. TRADEMARK INFORMATION

FUJIFILM, the FUJIFILM logo, instax, the instax logo and any other FUJIFILM product and/or service names that appear on our site are trademarks of FUJIFILM Corporation and/or its subsidiaries. Without FUJIFILM Corporation’s prior written permission, you agree not to display or use such marks, logos and/or branding.

25. COPYRIGHT CONCERNS

We respect the intellectual property of others, and we ask users of our site to do the same. If you believe that any of your intellectual property rights have been infringed on our site, please report the problem to us at [email protected]

26. GENERAL INFORMATION

These terms of use (including the Rules and other policies) constitute the entire agreement between you and us and govern your use of our site and the services provided on them, superseding any prior agreements between you and us. These terms of use 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 laws of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, our site and the services provided on them although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.

Any failure by us to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.

If any provision of these terms of use 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 terms of use shall remain in full force and effect.

Neither you nor we may assign or transfer any rights or obligations under these terms of use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our fellow FUJIFILM Group companies.

The section titles in these terms of use are for convenience only and have no legal or contractual effect.

27. VARIATIONS

We may revise these terms of use at any time by amending this page. 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 terms of use may also be superseded by provisions or notices published elsewhere on our site.

Copyright © 2017 FUJIFILM UK Limited. All rights reserved.