TERMS OF USE

Effective as of July 1, 2016

Your access to, browsing and/or use of this application are subject to the following Terms and Conditions of Use ("Terms of Use") this application's Privacy Policy, any other terms, conditions or guidelines set out elsewhere in this application, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, pornography, defamation, and export control laws. Please read these Terms of Use carefully before you download, install or use this application. By downloading, installing or using this application, you accept and agree to be bound by the above and the following Terms of Use. If you do not agree with these Terms of Use, you should cease downloading, installing or using the application immediately.

  1. Operation. This application is operated by FUJIFILM North America Corporation, a Delaware corporation with an office at 200 Summit Lake Drive, Valhalla, New York 10595 ("Fujifilm"). Fujifilm owns and operates this application on its own behalf.

  2. Changes to These Terms of Use. Fujifilm reserves the right to change these Terms of Use at any time without notice to you by updating the application to incorporate the new terms. Your continued use of the application constitutes your acceptance of any amended terms. Fujifilm has no duty to modify or update this application, and is not liable for any failure to do so.

  3. Age Requirements. You must be at least 18 years of age to download, install or access this application. If you are under 18 and wish to download, install or use the application, you must get consent from a parent or guardian before doing so.

  4. Content and Accuracy of Information. While Fujifilm takes reasonable steps to ensure that the information, images, text or links (the "Information") contained in this application are accurate and complete, Fujifilm makes no representations or warranties as to the completeness or accuracy of the Information. Fujifilm hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this application generally.

  5. Telecommunications Costs. To use this application you will require internet connectivity and appropriate telecommunication links. Fujifilm does not have any responsibility or liability for any telephone or other costs you may incur.

  6. Copyright Notice. It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Generally, the photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, you should assume that anything and everything you see or read within this application is copyrighted and may not be used or copied by you except as explicitly provided in this application, or by applicable law or otherwise without the express prior written consent of Fujifilm or the copyright owner. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from this application without the express prior written permission of Fujifilm or the copyright owner. You may download and print images and text from this application only for your private, non-commercial use. Any other use requires the prior consent of Fujifilm or the copyright owner. YOU ALSO REPRESENT THAT YOU ARE THE OWNER OR ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED MATERIALS SUBMITTED OR PROVIDED BY YOU. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.

  7. Images. Any images contained in or displayed by Fujifilm in this application, other than as submitted by you, are the property of Fujifilm or are used by Fujifilm with the consent of the copyright holder and persons if any, appearing in such images. Subject to paragraph 2 hereof, the use by you of any such images (or any portions thereof) without the express written consent of Fujifilm or the copyright holder is prohibited. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.

  8. Content Standards. Any materials submitted or provided by you must adhere to the following content standards. Fujifilm specifically prohibits any use of the application that violates any applicable federal, state or municipal law, rule or regulation, is fraudulent or criminal, or that incorporates any of the elements below:

    1. Content, in any format, that is related to any of the following categories:

      1. Illegal drugs;

      2. Sexually explicit images, pornographic content, or child pornography;

      3. Comments, communications and/or content that facilitate or promote illegal activity; or

      4. Prejudice-related comments, communications and/or content that facilitates or promotes unlawful violence, and/or discrimination based upon gender, ancestry, race, sexual orientation, religion, marital status, age, disability, national origin, veteran status or creed; including, without limitation, content or materials that:

        1. vioate any law, statute, ordinance or regulation (including, without limitation, the laws and regulations governing export control, unfair competition, antidiscrimination and false advertising), or promote illegal activity;

        2. invade, infringe, violate, or otherwise misappropriate the copyrights, patent rights, trade secrets, trademark or service mark rights, or any other intellectual property right, privacy, or publicity of any person;

        3. are defamatory, trade libelous, threatening, harassing or illegal;

        4. are obscene, child pornographic, indecent, racially or ethnically offensive, harassing or that are discriminatory based upon race, gender, color, creed, age, sexual orientation or disability; or contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

  9. Availability of the Application, Security and Accuracy. Fujifilm makes no warranty that use of the application will be uninterrupted or error-free, and Fujifilm reserves the right to make periodic repairs or carry out maintenance on the application at any time without notice to you. Your access to the application may be suspended or withdrawn at any time and from time to time without notice to you. Fujifilm does not warrant that the application will be compatible with all software and hardware that you may use, and shall not be liable for any damage to any of your equipment, software, data or other property as a result of your download, installation or use of the application.

  10. Independence from Platforms. The application is independent from any platform on which it is located and is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including without limitation Apple, Android or Blackberry. Your download, installation and use of the application also is governed by the terms and conditions of your particular platform operator as well as those of your wireless service provider, if applicable. Your platform operator is not obligated to provide you with any maintenance or support services with respect to the application.

  11. Intellectual Property. Any trademarks, tradenames, logos, and/or service marks displayed in this application are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner.

  12. Links to Third Party Sites. The application may contain links to third party websites and applications ("Linked Sites"). The Linked Sites are not under the control of Fujifilm and Fujifilm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fujifilm is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Fujifilm responsible if the Linked Site is not working appropriately. Fujifilm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fujifilm of the site or any association with its operators. The Linked Site may contain its own privacy policy governing the collection and use of your information, and Fujifilm is not responsible for the use of any information submitted to the Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

    Any dealings with third parties (including advertisers) included within the Fujifilm website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Fujifilm shall not be responsible or liable for any part of any such dealings or promotions.

  13. LIMITATIONS OF LIABILITY. YOUR ACCESSING OR USE OF THIS APPLICATION IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING IN THIS APPLICATION AS IS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, FUJIFILM ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR DEVICE OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THIS APPLICATION, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES. FUJIFILM SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF OR ACCESS TO THIS APPLICATION.

  14. Prohibited Use. You agree not to reproduce, copy or resell the application or any part of the application except as may be permitted by these Terms of Use. You agree not to access without permission, interfere with, damage or disrupt any part of the application, any equipment or network on which the application is stored, any software used in providing the application to you, or any equipment, network or software owned or used by any third party.

  15. Software Downloading and Exporting. Any software contained in this application may only be downloaded by you where expressly authorized in this application and pursuant to the explicit terms and conditions set forth in these Terms of Use or as otherwise provided with such software. All downloaded software must retain all copyright and proprietary notices contained on such software. Additionally, the downloading or exporting of software is subject to all applicable laws, rules and regulations, including but not limited to laws regarding copyrights and U.S. Export Controls laws and regulations prohibiting the exporting of software to certain countries and individuals.

  16. Governing Law. These Terms of Use and any access to or use of the application will be governed by the laws of the state of New York, excluding its conflict of laws provisions.

©  FUJIFILM North America Corporation and its affiliates. All rights reserved.

Effective as of July 1, 2016

Our Commitment to Privacy. FUJIFILM North America Corporation (defined in this Privacy Policy as "FUJIFILM", "us" or "we") cares about your privacy. This Privacy Policy will help you better understand the types of personal information FUJIFILM collects and how such information is used when you download, install or use FUJIFILM's application. The information collected may depend on the functionality of the device you are using.

Through FUJIFILM's application, you will be able to link to sites and applications maintained by FUJIFILM's subsidiaries and affiliated companies, as well as unaffiliated third party sites and applications. As more fully described below, each of these sites and applications may be governed by a different privacy policy or statement. We suggest you check the privacy policy for each web page or application and review the applicable privacy policy or statement. Since privacy policies or statements may be changed periodically, we also suggest that you occasionally re-visit them.

The Information We Collect. The information we learn from users of FUJIFILM's application helps us improve our application and provide better service to you. The information we collect falls into two broad categories: (1) information you voluntarily provide to us and (2) information that is automatically collected.

Information you voluntarily provide to us. When you register with us and use our application, you may provide the following: (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use the application; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of any services provided by the application; and (e) information you enter into our system when using the application, such as contact information. We may use the information you provide to us, in accordance with applicable laws, to contact you from time to time to provide you with important information, required notices and marketing promotions. We may also ask for feedback relating to our goods or services. Participation is voluntary and you are not required to provide this information. However, if you choose not to participate, we may not be able to perform a requested service or complete a transaction.

We may collect additional information through your use of the application, including: (a) your mobile phone number; (b) any name you might have assigned to your device; (c) your contacts or address book; (d) your web browsing history; (e) information concerning other applications you have downloaded or used; and (f) other stored information on your device such as videos, photos, photo location, audio, contact list and/or social network credentials. We may use information collected through the application not only as specifically indicated in the application, but to assess the performance of our application or other online services, prevent fraud, provide technical support, conduct research, generate analytics, address internal online services operations, or respond to your needs. Lastly, we may use this information to personalize the services offered by us or our affiliates, including providing personalized advertising through the application.

We generally will not provide any information you voluntarily give to us to any third party or use the information for an undisclosed purpose, except as otherwise noted at the point where the information is collected or as stated in this privacy policy. To fulfill your orders for products and/or services, information you provide may need to be transmitted to and/or collected by a third party that provides services on our behalf, and, in such instances, we will make appropriate efforts to ensure that such providers do not further distribute your information, for example, by requiring the third party provider to enter into a nondisclosure agreement or similar provisions to protect your confidential data. In addition, we may disclose information about you when we are required to do so (i) under applicable law or by legal process such as a court order, (ii) to prevent physical harm or property damage, or (iii) as part of an investigation of suspected or actual unlawful conduct.

Information Collected Automatically. We also collect and store certain non-personal information that is generated automatically as you navigate through our application. A unique device identifier, or ID, is an alpha-numeric string of data that can either be part of the hardware of your device or automatically assigned to your device by the operating system or software. We may associate this unique device ID with other information, and may treat such combined information as personally identifiable information as long as such information remains combined. Unique device IDs may be used to enable certain features and also to personalize and serve advertising based on your interests and use of other applications. See the section below on opt-outs for information regarding how to limit the use of unique device IDs.

If you use a location-enabled service, we may collect and process information about your actual location. Some online services require your location information in order for one or more features to work. Precise location information can be used for location services such as tagging or check-in. The settings on your device may be adjusted to disable location information. Location-based services are for individual use only and should not be used or relied upon as an emergency locator system, family finding service, fleet tracking device or other use, whether commercial and personal, or used in any situation in which the failure or inaccuracy of use of location-based services could lead directly to death, personal injury or severe physical or property damage.

Like many other companies, we use a standard feature found in browser software called a "cookie", which enables us to place bits of text on your hard drive or device for record-keeping purposes. By showing how and when users utilize our application, cookies help us track user trends and patterns. They also relieve you from having to re-enter your preferences on certain areas of the application where you have previously entered preference information. See below for a detailed description about cookies. We collect information about your computer's or device's connection to the Internet to allow us, among other things, to improve the delivery of our web pages to you and to measure traffic on our application (including to determine the performance of certain aspects of the application, such as page transition time, how many people are currently using the application, and where each user may be in the application's workflow). We sometimes use the non-identifying and aggregate information that is collected as described above to enhance the design of our application and help us understand the needs of our users.

Links to Third Party Sites and Applications. This application may contain links to third party sites and applications that are not under the control of or maintained by FUJIFILM or our subsidiaries or affiliates. While we try to only link to sites and applications that share our standards and privacy concerns, FUJIFILM does not control and we are not responsible for the content, security, privacy policies or the operation of third party sites and applications. Further, if you opt to engage in transactions on third party sites or applications linked to this application, such as purchases or promotions, we are not responsible and you must deal with the third party operators of such sites and applications if any issues arise. As mentioned above, when visiting any site or application we suggest that you routinely review the applicable privacy policy or statement and other posted terms and conditions to understand your rights and options.

Information about Cookies. Cookies are computer-generated identifiers that FUJIFILM transfers to your computer's hard drive or your device through your web browser that help FUJIFILM determine your preferences. For this application, we may use cookies to identify your preferred pickup locations, last used shipping name and address, and last used billing name and address. Cookies may enable us to identify your device, secure your access to functions within our application, track what pages you view, and recognize you when you sign up for events through our application. Most browsers have a setting that allows your device to reject cookies. Most browsers also have the ability to alert you if you receive cookies, and let you know how to remove any cookies that you may have received. Information stored through cookies can be cleared from a mobile device through its operating system settings. However, if you limit our ability to set cookies, it may impact your overall user experience on our application and may stop you from saving preference information.

Corrections and Contacting Us. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Where required by applicable law we provide online visitors with access to personal information they provide through online services and the ability to review, update and correct it as and when necessary. To help protect your privacy and security, we will take reasonable steps to verify your identity before granting access to your personal information. We invite you to contact us should you have any such concerns regarding your information or our Privacy Policy and we will try and help you. Contact should be made via email at printsandgifts@fujifilm.com.

Our Special Commitment to Children's Privacy. Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from users who we actually know to be under the age of 13. Use of the application is prohibited for users under age 18.

Consent. By downloading, installing or otherwise using this application or any other website or application covered by this Privacy Policy, you are consenting to the collection, storage and disclosure of information as described in this Privacy Policy and our Terms Of Use for the application.

Changes to the Privacy Policy. FUJIFILM reserves the right to change, amend, or update this Privacy Policy. If we do decide to change our Privacy Policy, we will post the revised Privacy Policy on the application. On return visits to our application, please remember to review the Privacy Policy for any changes, since continued use of our application after any posted revision indicates your consent to our use of your information in accordance with the changed, amended, or updated Privacy Policy.

©  FUJIFILM North America Corporation and its affiliates. All rights reserved.