MyFinePix Terms of Service

1. ACCEPTANCE OF TERMS

Welcome. MyFinePix provides its services to you, subject to the following terms.

This page (together with the documents referred to on it) tells you the terms on which you may make use of our website www.myfinepix.ca (“Site”) and the Services (defined below), whether as a guest or a registered user. Please read these terms of service (“TOS”) carefully before you start to use this Site. By using our Site, you indicate that you accept these TOS, you agree to abide by them and these TOS constitute a legal agreement between you and MyFinePix.

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

"Content" has the meaning given in clause 8.

"MyFinePix" means Fujifilm (UK) Limited and FUJIFILM Canada Inc., and includes the Site.

"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 on the Site.

"Software" has the meaning given in clause 21.

"Terms of Service" means these terms and conditions.

"we" or “our” 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 Some of the provisions contained in these TOS may also be superseded by provisions or notices published elsewhere on our Site.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.ca is a site operated by Fujifilm (UK) Limited on behalf of FUJIFILM Canada Inc.

Fujifilm (UK) Limited is registered in England and Wales under company number 01264514 and has its registered office at St Martin's Business Centre, St Martin's Way, Bedford, Bedfordshire MK42 0LF.

FUJIFILM Canada Inc.’s headquarters are located at 600 Suffolk Ct, Mississauga ON, L5R 4G4. Correspondence sent to FUJIFILM Canada Inc. regarding www.myfinepix.ca should be addressed to the attention of the “Electronic Imaging Business Unit (MyFinePix Team).”

You may also contact FUJIFILM Canada Inc. via the ‘Contact Us’ portion of the Site, which is located in the Site’s ‘About’ tab.

3. ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend (in whole or in part), the Services 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 SERVICES

MyFinePix provides users with access to a collection of on-line resources, including forums and images. Unless stated otherwise by MyFinePix, 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 personalization settings. MyFinePix is for personal use only. The website is designed and operated as a resource for its members and other users and is not for commercial use. If we find you selling products or services through the Site, we may terminate your account.

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 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 also has the right to remove any user provided Content on the Site at any time for any reason.

MyFinePix is concerned about the safety and privacy of all its users, particularly children. MyFinePix membership is not permitted for children under the age of 13. At the beginning of the registration process, users are asked to confirm that they are 13 or over. Should a child under 13 ignore this warning and join MyFinePix, MyFinePix can not and will not be held liable for any Content that might be viewed. MyFinePix makes reasonable and appropriate efforts (see clause ‘9. Moderation’) to restrict offensive material, but as users are free to upload material at will, it is possible that such material may be seen on the Site.

Parents of children under the age of 13 should take steps to prevent their children from using the Site, even if such children do not attempt to become members. For children over 13, 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 Site, you accept that they will be able to access all of the Services and Content. 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.

Parental Control Protections. All users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. The following is a list of vendors who provide software that limits access to materials that are harmful to minors:

CyberPatrol - http://www.cyberpatrol.com and

Net Nanny - http://www.netnanny.com.

While MyFinePix does not in any way, endorse or warrant any of the above referenced vendors or the services that they provide, MyFinePix would like to inform its users of the availability of such software. Any dealings with the vendors, including the delivery of and payment for goods and services and any other terms and conditions, warranties or representations associated with such dealings, are solely between you and such vendors. MyFinePix disclaims all liability with respect to your use of the above referenced vendors or services.

6. MYFINEPIX PRIVACY POLICY

You agree that Registration Data and certain other information about you will be processed and used in accordance with our Privacy Policy. For more information, please see our full privacy policy.

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 unauthorized 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 AND RULES

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 Rules (defined below) and all other Content standards set out in these TOS. You warrant that any such contribution does comply with the Rules and all other Content standards set out in these TOS, and you will indemnify, defend and hold us harmless for any breach thereof.

You acknowledge that all information, data, text, photographs, graphics, music, sound, 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, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You hereby consent to our disclosing 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 their right to privacy or freedom from harassment.

You agree to not use our Site or the Services to:

Upload, post, or otherwise transmit any Content that contains nudity or 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.
Use the Site for any commercial purpose.
Use robots, spiders, scrapers, or any automated means to access, monitor or copy any content or information; taking any action that imposes, or may impose a burden on infrastructure; circumvent or violate robot exclusion headers or any other means of limiting access; deep-linking to any portion of the Site without permission; framing or otherwise incorporating the Site or its content into another website.
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.
Violate any applicable, provincial, local, territorial, federal, national or international law or regulation including any law relating to the regulation of securities.
Depict or describe an unlawful or criminal act or advocate, promote, or 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 to the Site 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 or any other Content standards set out in these TOS. You agree that you must bear all risks associated with, the use of any Content submitted by you, including any reliance by anyone else on the accuracy, completeness, or usefulness of such Content.

MyFinePix and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content for any reason, in MyFinePix’s sole discretion.

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.
You understand that the Services and the Software (defined below), may include security components that permit digital materials to be protected and you agree that you will not attempt to override or circumvent any of these security components or any usage rules embedded within the Services.

9. MODERATION

MyFinePix takes very seriously any abuse of our Site, especially the uploading of material that will offend others. MyFinePix provides the Rules and operates a documented policy of moderation to restrict, as reasonably possible, the broadcast of offensive material on this Site.

Because of the vast quantity of material uploaded, moderation generally relies on a user reporting system though MyFinePix reserves the right to pro-actively monitor any Content for compliance with these TOS. Every piece of user-submitted Content has a link attached enabling any MyFinePix member to report that piece of Content to MyFinePix. Please utilize this website function if you believe any of the user provided Content has violated these TOS or is otherwise unlawful or in breach of any third party rights.

The reporting mechanism was established to restrict, in a simple and effective way, MyFinePix members from uploading material that is unlawful or counter to norms of respect and decency. This facility must not be abused by MyFinePix members in a vexatious manner (regular and multiple reporting of material for no clear reason). Should MyFinePix believe that a MyFinePix member is using the reporting mechanism in an irresponsible or vexatious way, MyFinePix may take any and all appropriate actions to prevent such abuse continuing (including, but not limited to, suspending or terminating membership rights as well as imposing any other sanctions as MyFinePix deems appropriate in its sole discretion).

10. 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, or evaluation of, breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

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 visitor to our Site, or by anyone who may be informed of any of its contents.

12. SPECIAL TERMS FOR INTERNATIONAL USE

Recognizing 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.

13. 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 any areas of the Services, you grant MyFinePix the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

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.

In accordance with the Rules, you must ensure that your Content does not infringe any copyright, database right, trade mark or any other intellectual property rights of any other person. By submitting your Content, you are warranting that you have the right to grant MyFinePix and its affiliates the non-exclusive licenses described above. If you are not in a position to grant such a license to MyFinePix and its affiliates, please do not submit the Content.

Employees of MyFinePix and its affiliates, and each of their agents, are free to use this Site as any other user. However, any comments made by such employees or agents do not reflect the views of the aforementioned companies.

14. INDEMNITY

You agree to indemnify, defend and hold MyFinePix, its affiliates and each of their employees and agents harmless from and against any claim or demand, including reasonable legal fees, costs and damages of any kind, 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 viewing of the Content, your connection to the Services, your breach of these TOS, or your breach of any rights of a third party.

15. NO RESALE OF SERVICES

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, access to the Services or third party Content.

16. 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.

17. MODIFICATIONS TO SERVICES

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.

18. TERMINATION

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), 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.

19. 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 such sites or resources 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.

20. 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. Notwithstanding the foregoing, we reserve the right to withdraw linking permission without notice for any reason.

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.

The website from which you are linking must comply in all respects with the Content standards and the Rules set out in these TOS.

21. 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 authorized by MyFinePix, you agree not to modify, rent, lease, reproduce, loan, sell, distribute or create derivative works based on the Services, Content or the Software (in whole or in part).

You agree not to access the Services 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 license to do so from us or our licensors.

22. LEGAL NOTICES

You expressly acknowledge and agree that:

Your use of the Services 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, MYFINEPIX, ITS AFFILIATES AND THIRD PARTIES CONNECTED TO MYFINEPIX AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY 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 SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND/OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Any material downloaded or otherwise obtained through the use of the Services 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 Services shall create any warranty or other obligation not expressly stated in these TOS.

23. 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 SERVICES; (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 SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES; 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 to the extent it 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 the Content and/or use of the Services must be filed within 1 year after such claim or cause of action arose.

24. VIRUSES, HACKING AND OTHER OFFENSES

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 unauthorized 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 may be committing a criminal offense. We will report any identified breach to the relevant law enforcement authorities and we will cooperate 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.

25. NOTICE

Notices to you may be made via either email or regular mail. Our Site may also provide, but is not obligated to provide, notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on our Site.

26. TRADEMARK INFORMATION

MyFinePix, the MyFinePix logo and product and service names are trademarks of FUJIFILM Corporation and its affiliates. Without FUJIFILM Corporation's prior written permission, you agree not to display or use such marks, logos and/or branding.

27. COPYRIGHT AND TRADEMARK INFRINGEMENT

MyFinePix respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your copyrights or trademarks have been infringed on the Services, please go to our Copyright & Trademark Policy for instructions on how to report such infringement.

28. POLICY FOR SUBMITTED IDEAS

MyFinePix and its affiliated companies maintain a policy not to accept any non-public 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.

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:

MyFinePix and its affiliated companies are under no obligation to handle the submitted ideas as confidential information.
MyFinePix and its affiliated companies are under no obligation to study, evaluate, or adopt the submitted ideas.
MyFinePix and its affiliated companies may ourselves be developing and creating identical or similar ideas and even if we utilize such ideas in any of our products, or publish or announce information identical or similar in whole or in part to the submitted ideas, we shall neither be responsible nor liable for any compensation therefor.

29. GENERAL INFORMATION

These TOS (including the Rules and other policies explicitly referenced in these TOS, such as the Privacy Policy and the Copyright & Trademark Policy) 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 laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflicts of laws principles.

You submit and waive any objection to the jurisdiction of the federal and state courts located in Westchester County, New York and Ontario, Canada for purposes of any suit, action or proceeding arising out of or relating to use of the Services, and agree to take any and all future action necessary to submit to the jurisdiction of such courts. However, MyFinePix may at its option bring suit, or institute other judicial proceedings, against you in any court in any place where you or any of your assets may be found.

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 the TOS is held to be invalid, or part thereof, such provision or part shall be deemed modified to the extent (and only to the extent) necessary to be held valid while still reflecting the intention herein expressed, and the remaining provisions of the TOS, and any part thereof, shall not be impaired or affected in any way.

You may not assign or transfer any rights or obligations under these TOS without the prior written consent of MyFinePix. You agree that your MyFinePix account is non-transferable and any rights to your MyFinePix account or Content will terminate upon death.

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

Any account that has not been used for a certain period of time may be terminated and all Content related to that account may be deleted in line with the MyFinePix policy in force as at the current time.

30. BREACHES

Please report any breaches of these TOS by using the reporting function buttons displayed throughout the Services.