click save to upload your shopping cart
PLEASE READ THIS AGREEMENT BETWEEN YOU AND FUJIFILM NORTH AMERICA CORPORATION (“FUJIFILM” OR “THE SITE”) CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE WWW.SeeHere.COM (THE "SITE") AND ANY GOODS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE (COLLECTIVELY, THE "SERVICE"). IT EXEMPTS FUJIFILM AND OTHERS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND IT CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME THAT YOU USE THE SERVICE OR SITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, OUR PRIVACY POLICY, AND APPLICABLE LAWS. IF YOU DO NOT AGREE TO BE BOUND BY EACH PROVISION OF THIS AGREEMENT EACH TIME THAT YOU USE THE SERVICE, YOU MAY NOT USE THE SERVICE.
YOUR ACCEPTANCE OF THIS AGREEMENT: This Agreement (which includes the Acceptable Use Policy (“AUP”), below) is an agreement between you and FUJIFILM, and it governs your use of the Service and any Materials that you may use or allow others to use in connection with the Service. For purposes of this Agreement, "Materials" includes user IDs, e-mail addresses, passwords, comments, images, metadata, graphics, video, text, data and any other forms of information that is submitted to FUJIFILM, regardless of whether such information is posted publicly or with password protection.
Each time that you use the Service, you indicate your acceptance and agreement, and the acceptance and agreement of any person that you represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of this Agreement, or if you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, then you may not use the Service.
CHANGES TO THIS AGREEMENT: You may not alter, supplement, or amend this Agreement in any manner. FUJIFILM may, in its sole discretion, alter, supplement or amend this Agreement from time to time as it relates to your future use of the Service, for any reason, and without any prior notice to you or any other person. (If you do not agree to a change, you must terminate your membership as provided for below.)
AUTHORIZED USERS: The Service may be used only by individuals resident in the United States of America; only by individuals who have reached the age of majority or legal age in their jurisdictions; and only by those who can form legally binding contracts under applicable law. You must be 18 years or older to purchase or register to use the Service. The Service may not be used by individuals who have had their Site membership or account terminated, nor may it be used by individuals in jurisdictions where the Service, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. FUJIFILM reserves the right to limit the availability of the Service and/or the provision of any service, program, feature, film, media, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, feature, film, media, or other product that FUJIFILM provides. VOID WHERE PROHIBITED.
FEES, CHARGES AND TAXES; AVAILABILITY; PRICES; MISPRINTS AND ERRORS; ORDERS: All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Service, as well as charges related to goods and services provided by third parties but acquired through the Service. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service and any use of the Service by any person using your user ID or password. All amounts appearing on the Site are quoted in United States dollars.
If credit card does not clear, the order is not generated. We do not hold credit card information. The purchase price and other applicable charges and taxes will be billed in advance of the delivery of goods and services.
FUJIFILM endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, FUJIFILM reserves the right to change the prices, fees and charges associated with the Service, as well as any features, goods and services available through the Service, at any time and from time to time without any notice to you or to any other person. Also, due to the popularity of some goods and services, FUJIFILM cannot guarantee that goods or services advertised on the Site will be available when ordered or thereafter. FUJIFILM also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed at the time of your order, FUJIFILM will provide you with an opportunity to cancel your order. If you order goods or services that are not available, FUJIFILM will notify you by e-mail. FUJIFILM reserves the right to limit quantities licensed or sold.
The promotions on the Site are invitations for purchase orders, and are not offers to sell. Your properly-completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Site sends an order acceptance and shipping notice e-mail to your e-mail address. You may not cancel an order after FUJIFILM has sent an order acceptance and shipping notice e-mail to you.
TERMINATION OF THIS AGREEMENT AND THE SERVICE: : If you breach any provision of this Agreement, then you may no longer use the Service.
You may terminate this Agreement (and, hence, your use of the Service) at any time. To terminate this Agreement, registered users must notify the Site by using the online submission form via the “Contact Form” link, which is available in the Help section of the Site. Upon receipt of your termination notice, the Site will terminate your account, and you will no longer have access as a registered user. If you cease to be an active user of the Site and/or Service, we will continue to treat any personal information you have provided to us in connection with the Site in accordance with our Privacy Policy, as amended from time to time.
FUJIFILM may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without any notice to you or to any other person.
The Site or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Service and any membership and account you may have; (ii) suspend or terminate and permanently delete any user ID, password, URL, IP address or domain name; (iii) remove from the Service and permanently delete and destroy any Materials (or any components thereof) that you or others may have posted or submitted to the Service (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet) for any reason or no reason; (iv) restrict access to the Materials posted or submitted to the Service and to any account you may have; and (v) bar you from any future use of the Service; all without providing any prior notice to you or to any other person.
FUJIFILM and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may use or allow others to use in connection with the Service (including Materials posted or submitted to the Service) before FUJIFILM and its service providers take any remedial action that they consider, in their sole discretion, to be appropriate.
If this Agreement is terminated by you or by FUJIFILM for any reason, then: (a) this Agreement will continue to apply and be binding upon you regarding your prior use of the Service, including payment of any charges accrued in connection with use of the Service; (b) The Site may immediately remove from the Service and permanently delete and destroy any Materials that you or others may have posted or submitted to the Service without any prior notice to you or any other person; and (c) any fees and charges previously paid by you for unused services will not be refunded.
DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY: FUJIFILM strives to make your use of the Service a useful and enjoyable experience. Nevertheless, FUJIFILM and its service providers do not accept any liability for your use of the Service, and you understand and agree that you assume all risk of the use of the Service. For that reason, the following provisions apply to your use of the Service:
DISCLAIMER
YOUR USE OF THE SERVICE, INCLUDING ANY MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE, IS AT YOUR OWN RISK. THE SERVICE IS NEITHER DESIGNED NOR INTENDED TO BE USED AS A DISASTER RECOVERY FACILITY OR AS A DATA STORAGE FACILITY. ALTHOUGH FUJIFILM TAKES REASONABLE PRECAUTIONS TO PRESERVE AND PROTECT THE MATERIAL THAT YOU MAY UPLOAD TO THE SERVICE, YOU SHOULD NOT RELY ON THE SERVICE AS YOUR ONLY SOURCE FOR THE MATERIAL YOU PROVIDE. YOU SHOULD KEEP YOUR OWN BACKUP COPIES OF ALL MATERIALS THAT YOU MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE. PLEASE EMPLOY COMMON SENSE AND DISCRETION WHEN USING OUR SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING ALL COMPUTER HARDWARE, PERIPHERALS, ACCESSORIES, TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC AND IMAGING EQUIPMENT, AND SOFTWARE.
YOU ARE SOLELY RESPONSIBLE FOR, AND BEAR ALL RISKS AND LIABILITIES ASSOCIATED WITH, ALL MATERIALS THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER PERSON ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO: USE OF THE SERVICE BY YOU, OR ANYONE ACCESSING THE SERVICE WITH YOUR USER ID OR PASSWORD; YOUR BREACH OF THIS AGREEMENT, OUR PRIVACY POLICY, AND/OR OUR ACCEPTABLE USE POLICY; YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHER PERSONS; OR YOUR VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. YOU ARE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH THE MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED TO THE SITE, ARE USED BY MEMBERS AND OTHER SERVICE USERS. FUJIFILM AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE SITE'S CONTROL. THE OPERATION OF THE SERVICE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE.
FUJIFILM AND ITS SERVICE PROVIDERS ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ITS MEMBERS OR OTHER USERS OF THE SERVICE. FUJIFILM AND ITS SERVICE PROVIDERS DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SERVICE AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE AND RELATED SERVICES.
FUJIFILM AND ITS SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THE SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES, OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY FUJIFILM AND ITS SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THROUGH YOUR USE OF THE SERVICE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. FUJIFILM AND, UNLESS THEY EXPRESSLY AGREE OTHERWISE, ITS SERVICE PROVIDERS ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUJIFILM, ITS AFFILIATES, AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER, PERIPHERALS, AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
THE SERVICE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE SERVICE, THE INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICE OR THE INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
FUJIFILM WILL MONITOR THE SITE OR ANY MATERIALS THAT YOU OR THIRD PARTIES POST TO THE SITE OR ANY COMPONENT THEREOF;
THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
THE USE OF THE SERVICE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS;
THE USE OF THE SERVICE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
ALBUM PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS; OR
THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT BE MISUSED BY ANY OTHER PERSON; AND
FUJIFILM AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIABILITY EXCLUSION
FUJIFILM, ITS AFFILIATES, AND ITS SERVICE PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME, GOODWILL OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SERVICE BY YOU OR BY ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY FUJIFILM OR ITS SERVICE PROVIDERS OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS RESPONSIBLE, AND NOTWITHSTANDING THAT FUJIFILM OR ITS SERVICE PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL FUJIFILM, ITS AFFILIATES AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY. REGARDLESS OF ANY CLAIMS OF NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY FUJIFILM OR ITS SERVICE PROVIDERS (OR ANY PERSON FOR WHOM EITHER FUJIFILM OR ITS SERVICE PROVIDERS ARE RESPONSIBLE), FUJIFILM’S ENIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES, CLAIMS OR DEMANDS STEMMING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED US$25 OR THE PRO-RATED AMOUNT YOU PAID TO FUJIFILM FOR THE USE OF THE SERVICE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE FUJIFILM, ITS AFFILIATES AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FUJIFILM, ITS AFFILIATES AND ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH USE OF THE SERVICE BY YOU OR ANYONE ACCESSING THE SERVICE USING YOUR USER ID OR PASSWORD. YOU AGREE THAT YOU WILL ASSIST AND COOPERATE AS FULLY AS IS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY FUJIFILM OR ITS SERVICE PROVIDERS OR THEIR REPRESENTATIVES, OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION, OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE, AND/OR INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
USE OF THE SERVICE: Users must utilize the Service responsibly and with respect for all persons. Users of the Service must comply with all applicable laws, rules and regulations, including without limitation FUJIFILM’s Acceptable Use Policy, which is part of this Agreement.
PRIVACY: FUJIFILM and its service providers do not collect, use, or disclose your personal information without your prior consent and knowledge except in accordance with our Privacy Policy. The Privacy Policy is available by clicking the corresponding link found at the bottom of every page of the Site. FUJIFILM, in its sole discretion, may amend the Privacy Policy from time to time. By accepting this Agreement, and each time that you use the Service, you consent to FUJIFILM's collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or to any other person.
You also consent to FUJIFILM’s elective monitoring, screening, policing and editing your use of the Service and the use of your accounts, including postings and submissions of Materials to the Service, without any notice or any liability to you or any other person. The Site and its service providers are not under any obligation to engage in such monitoring, screening, policing and editing, but may do so as they consider appropriate in their sole discretion, without notice to you or any other person.
LICENSE AND WARRANTIES: For all Materials that you may use or allow others to use in connection with the Service, including Materials posted or submitted to the Service:
You also grant to FUJIFILM the right to use your actual and/or user name in connection with the Materials.
ACCOUNT PASSWORDS: Some areas, features or services of the Site may require you to register with the Site. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to update your information (including your e-mail address) so as to keep it accurate, current, and complete.
As part of the registration process, you will be asked to select a unique user ID and password. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, user IDs and passwords should be non-obvious, hard-to-guess, and confidential, and changed on a regular basis, and members must log-out at the end of each session. You will be responsible for the confidentiality and use of your user ID and password, and you agree not to disclose your user ID or password to the Site to any third party. You must immediately notify the Site of any unauthorized disclosure or use of your user ID or password or album passwords that you may have provided to other persons, or if you know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID AND PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You must ensure that all use of your account complies with this Agreement.
All user IDs and passwords remain the property of the Site, and may be cancelled or suspended at any time by FUJIFILM without any prior notice or any liability to you or to any other person. FUJIFILM is not under any obligation to verify the actual identity or authority of the user of any user ID or password. If FUJIFILM in its sole discretion considers a password to be insecure, then we may cancel the password.
You must respond promptly to all e-mail and other correspondence from FUJIFILM, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of the Service and the use of your account.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. Please refer to our Privacy Policy [located at the bottom of each page of the Site] for additional information regarding the above.
MEDIA STORAGE: The Service is not designed or intended to be used as a disaster recovery or emergency data storage facility. You are responsible for creating and maintaining copies of your photos and/or videos, as backups, prior to posting or uploading any images or other content or materials to the Site.
GOVERNING LAW AND DISPUTE RESOLUTION: This Agreement, your use of the Service, all transactions through the Service, and all related matters are governed solely by the laws of the State of New York, USA, and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws.
Any dispute between FUJIFILM and you or any other person arising from, in connection with or relating to the Service, this Agreement, any transaction through the Service or any related matters must be resolved before the Courts of the State of New York, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located there.
Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the Service, this Agreement, any transaction through the Service or any related matters must be commenced in a court of competent jurisdiction in the state of New York within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
OWNERSHIP AND USE OF THE SERVICE AND ITS CONTENT: The Service and all of its content, including data, photographs, videos and images (other than those submitted by you), graphics, layout and design, Web site code, animation, icons, software, and other elements, are owned or licensed by FUJIFILM or its suppliers. The Service and all of its content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, the entire content of the Service is, under domestic and international copyright laws, a collective work owned by FUJIFILM. Your use of the Service and its content does not transfer to you any ownership or other rights in the Service or its content.
The Service and its content may not be used for any purpose not expressly permitted by this Agreement or our Acceptable Use Policy. In particular, except as expressly stated otherwise in this Agreement or the AUP, the Service and its content may not be copied, imitated, reproduced, republished, mirrored, framed, uploaded, posted, transmitted, modified, crawled, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of FUJIFILM. You may not use any of the software that is used in the operation of the Service except while you use the Service. You may not copy any of the software used in the operation of the Service. You may not reproduce, copy, duplicate, sell, or resell any part of the Service or access to the Service.
DMCA PROCEDURE: : The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
INFORMATION SUBMISSIONS: All information that you provide through the Service, including your registration information (name and e-mail addresses), payment information (credit card numbers and expiration date), and shipping and transaction-related information must be true, accurate, current and complete. You must also provide the Site with updated registration information within thirty (30) days of any changes. Because the Site and its service providers will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, FUJIFILM or its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information, or for your failure to update your information within thirty (30) days of any changes. FUJIFILM may, in its sole discretion, require a copy of a government-issued form of identification before making any changes to your registration information or payment information.
ADVERTISEMENTS OR PROMOTIONS: The Site may display advertisements or promotions in connection with the Service, including on the pages that display Materials you post or submit to the Service. The manner, mode and extent of the advertising or promotion will be determined by FUJIFILM in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person.
LINKING TO AND FRAMING THE SITE: The framing of the Site or any of its content in any form and by any method is strictly prohibited. You may not create links to or from commercial sites (such as auction sites) or sites that you do not own or maintain, to or from the Site. Also, you may not use the FUJIFILM name or any of the Marks or otherwise indicate, suggest or imply that FUJIFILM endorses the Materials that you might post to the Site.
Any other links to the Site or its content without the express permission of FUJIFILM are strictly prohibited.
CONTESTS, DRAWINGS & SWEEPSTAKES: From time to time, SeeHere.com may make contests, sweepstakes or other promotions available to users of the Service. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Service, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
NOTICES: Notices or communications to FUJIFILM in connection with this Agreement must be in writing and must be submitted to FUJIFILM using our online “Contact Form” located in the Help section of the Site, and by courier or regular pre-paid mail to:
FUJIFILM North America Corporation
Seehere.com
200 Summit Lake Drive
Valhalla, NY 10595
Notices will be deemed to be received by FUJIFILM upon the earlier of five (5) business days after deposit in the U.S. mail, provided that if there is a slow-down or other labor dispute which affects the delivery of a notice by mail then it will be deemed to be received by FUJIFILM at the actual time of delivery.
Notices to you in connection with this Agreement may be sent by either e-mail to the electronic mail address supplied for your account or otherwise provided by you or by courier or regular pre-paid mail to your postal address or the postal address supplied for your account. Notices will be deemed to be received by you upon the earlier of (a) your receipt of FUJIFILM's express acknowledgement of receipt of e-mail transmission or (b) five (5) business days after deposit in the U.S. mail, provided that if there is a slow-down or other labor dispute which affects the delivery of a notice by mail then it will be deemed to be received by you at the actual time of delivery.
MISCELLANEOUS: If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement, the Privacy Policy, and the Acceptable Use Policy as amended from time to time by FUJIFILM, and any contest rules, constitute the entire agreement between you and FUJIFILM relating to your use of the Service and supersede all previous agreements, written, oral or otherwise, between you and FUJIFILM with respect to your use of the Service. You may also be a party to a software license agreement regarding any software that you have downloaded from or through the Service.
The provisions of this Agreement will inure to the benefit of and be binding upon FUJIFILM and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of FUJIFILM, which may be withheld in FUJIFILM's sole discretion. FUJIFILM and its service providers may assign this Agreement and their respective rights and obligations under this agreement without your consent.
Any rights not expressly granted by this Agreement are reserved to FUJIFILM.
Policy last updated: September 22, 2008
PLEASE READ CAREFULLY THIS POLICY BY FUJIFILM NORTH AMERICA CORPORATION (“FUJIFILM” OR “THE SITE”), WHICH GOVERNS YOUR USE OF SeeHere.COM ALONG WITH OUR TERMS AND CONDITIONS. THIS APPLIES TO YOUR USE OF SeeHere.COM (THE "SITE"); TO OUR SOFTWARE, IF PROVIDED; AND TO ANY GOODS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE (COLLECTIVELY, THE "SERVICE").
Suspected violations of this Policy may be reported by using the online submission form via the “Contact Form” link, which is available in the Help section of the site.
GENERAL USE RULES: Your use of the Service, including posting of user-supplied content, information or materials (“Materials”) to the Web site (the “Site”), must be lawful, ethical, and respectful of the legal rights and interests of all other persons, and consistent with the security and reliability of the Service and the Internet generally.
Without limiting the above, the following rules apply to your use of the Service:
LAWFUL USE: Your use of the Service must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Service from locations where the Service may be illegal is prohibited.
NON-COMMERCIAL USE: : The Service may be used by you only for personal, non-commercial purposes and must not be used in connection with any commercial activities, including:
SECURITY AND PERFORMANCE: The Service must not be used by you with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Service, or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
THE RIGHTS OF OTHERS: Your use of the Service must not infringe the legal rights of any other person (including civil, privacy and personality rights, copyright, trademark, trade secret, patent, moral rights, and other proprietary rights).
NO DATA COLLECTION: Your use of the Service must not involve any data matching, e-mail harvesting, Web crawling, or data mining, including without limitation the collection and/or use of information about other users without their express, prior consent.
USE GUIDELINES - PROHIBITED USES: The following is a non-exhaustive list of prohibited uses of the Service. FUJIFILM reserves the right, in its sole discretion, to determine whether any use by you of the Service is prohibited or otherwise violates this Policy:
MONITORING AND COMPLAINTS: FUJIFILM is not obliged to monitor, screen, police or edit the use of the Service, including postings of Materials to the Site, although FUJIFILM reserves the right to do so in its sole discretion and without any notice or liability to you or any other person.
FUJIFILM will respond as it considers appropriate, in its sole discretion, if it becomes aware of any inappropriate uses of the Service, including uses that constitute copyright infringement. You may report violations of this Policy by using the online submission form via the “Contact Form” link, which is available in the Help section of the SeeHere.com site.
COMPLIANCE, CONSEQUENCES, AND LAW ENFORCEMENT DISCLOSURE:
Policy last updated: September 22, 2008
© 2008 by FUJIFILM North America Corporation
