| FUJI
CORPORATION WEBSITE POLICY FOR USER |
This Web Site (the "FUJI Web Site")
operated by The Fuji Corporation Company “FUJI”,
is comprised of various Web pages. The FUJI Web Site is
offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein.
Your use of the FUJI Web Site constitutes your agreement
to all such terms, conditions, and notices. Your use of
a particular FUJI website may also be subject to additional
terms outlined elsewhere on that website (the "Additional
Terms"). Additionally, the FUJI Web Site may itself
contain additional terms that govern particular features
or offers (for example, stock, auction, login or feedback
areas, trade terms or notices etc). In the event that any
of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines
contained within FUJI website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF
USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE
(this "Site"). By accessing or using
this Site, you agree to these terms of use, conditions and
all applicable laws. If you do not agree to these terms
you may not use this Site.
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MODIFICATION
OF THESE TERMS OF USE
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FUJI reserves the right to change the terms,
conditions, and notices under which the FUJI Web Site is
offered, including but not limited to the charges associated
with the use of the FUJI Web Site. You are responsible for
regularly reviewing these terms and conditions.
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USE
OF SITE, PERSONAL AND NON COMMERCIAL USE LIMITATION
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Unless otherwise specified, the FUJI Web
Site is for your personal and noncommercial use. You may
not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from the FUJI Web Site.
You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, electronically
copy, download and print hard copy portions of the material
from the different areas of the Site solely for your own
noncommercial use, or to place an order with FUJI or to
purchase FUJI products. Any other use of materials on this
Site, including but not limited to the modification, reproduction,
distribution, republication, display or transmission of
the content of this Site, without prior written permission
of FUJI is strictly prohibited.
Harassment in any manner or form on the Site or any of the
FUJI Websites, including via e-mail and chat or by obscene
or abusive language is strictly forbidden. Impersonation
of others, including a FUJI employee, host, or representative
or other members or visitors on the Site is prohibited.
You may not upload to, distribute, or otherwise publish
through the Site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violate the
rights of any party or otherwise give rise to liability
or violate any law. You may not upload commercial content
on the Site or use the Site to solicit others to join or
become members of any other commercial online service or
other organization.
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COPYRIGHTS
AND TRADEMARKS
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The entire content included in this Site,
including but not limited to text, design, graphics, interfaces,
or code and the selection and arrangements thereof is copyrighted
as a collective work under the Japan and other copyright
laws, and is the property of FUJI. The collective work includes
works that are licensed to FUJI. ALL RIGHTS RESERVED. All
trademarks, service marks, and trade names (collectively
the "Marks") are trademarks or registered trademarks
of and are proprietary to Fuji Corporation, or other respective
owners (if applied) that have granted FUJI the right and
license to use such Marks.
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In the event a FUJI product or service is
listed at an incorrect price due to typographical error
or error in pricing information, FUJI shall have the right
to refuse or cancel any orders placed for product or service
listed at the incorrect price. FUJI shall have the right
to refuse or cancel any such orders whether or not the order
has been confirmed and payments are paid. If you already
paid for the purchase and your order is canceled, FUJI shall
issue a credit through a credit note to your account of
the amount for the incorrect price.
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These terms and conditions are applicable
to you upon your accessing the Site and/or completing the
registration or purchasing process. These terms and conditions,
or any of them, may be modified or terminated by FUJI without
notice at any time for any reason. The provisions relating
to Copyrights and Trademarks, Disclaimer, Claims, Limitation
of Liability, Indemnification, Applicable Laws, Arbitration
and General, shall survive any termination.
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USER
PARTICIPATION & REGISTRATION
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FUJI does not and cannot review all communications
and materials posted to or created by users accessing the
Site and is not in any manner responsible for the content
of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute
user generated content on the Site, FUJI is merely acting
as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or
activities on the Site. However, FUJI reserves the right
to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another
or (d) violates any law or regulation or (e) offensive or
otherwise unacceptable to FUJI at its sole discretion. Note
that any personally identifiable information you may post
or transmit will be treated by Fui Corporation in accordance
with Fuji Corporation Privacy Statement.
User registration, via FUJI Web Site, is
required to access personal services online and certain
online content. The user is responsible for maintaining
the confidentiality of his/her account login details. The
user registration is unique and personal. It should not
be shared with anyone.
User or member on his or her full discretion shall notify
Fuji Corporation if he or she has proof of, or reasonable
grounds to suspect, any unauthorized use of such information.
FUJI shall not be held responsible for unauthorized use
of the user’s account by a third party to whom the
user may have, intentionally or not, disclosed his/her account
login details.
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USER
INFORMATION & RELATED UPDATE
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User shall provide accurate and current information
on the registration form and promptly update the registration
data in case of any changes in the data. FUJI will not be
responsible for any loss due to disrupted delivery of the
Service (such as delivery/shipping arrangements), resulting
from user failure to promptly update.
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Except for any personally identifiable information
we may collect from you in accordance of our Privacy
Statement, any material, information or other communication
you transmit, upload or post to this Site ("Communications")
will be considered non-confidential and non-proprietary.
FUJI will have no obligations with respect to the Communications.
FUJI and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all
data, images, sounds, text, and other things embodied therein
for any and all commercial or noncommercial purposes.
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In an attempt to provide increased value
to our visitors, this Site may contain links to other sites
on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites").
However, even if the third party is affiliated with FUJI,
FUJI has no control over these linked sites, all of which
have separate privacy and data collection practices, independent
of FUJI. FUJI has no responsibility or liability for these
independent policies or actions and is not responsible for
the privacy practices or the content of such web sites.
These linked sites are only for your convenience and therefore
you access them at your own risk. Links do not imply that
FUJI sponsors, endorses, is affiliated with or associated
with, or has been legally authorized to use any trademark,
trade name, service mark, design, logo, symbol or other
copyrighted materials displayed on or accessible through
such External Sites. Nonetheless, FUJI seeks to protect
the integrity of its Site and the links placed upon it and
therefore requests any feedback on not only its own Site,
but for sites it links to as well (including if a specific
link does not work). You should contact the Site administrator
for those External Sites if you have any concerns regarding
such links or the content located on such External Sites.
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Fuji Corporation makes no warranties or representations
about the accuracy or completeness of this Site's content
or the content of any site or External Sites.
THIS SITE AND THE MATERIALS, INFORMATION,
SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, FUJI DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
FUJI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT
MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. FUJI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
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IN NO EVENT SHALL FUJI BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF FUJI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
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You agree to indemnify, defend, and hold
harmless FUJI, its officers, directors, employees, agents,
licensors and suppliers (collectively the "Provider")
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity
related to your Internet account (including negligent or
wrongful conduct), by you or any other person accessing
the Site using your Internet account.
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Although FUJI is based in Japan, it has multilingual
staff and website versions, FUJI official communication
language is English which means that all the terms, conditions
and notices are legally construed in English and shall accordingly
has full effect in English. Other translations is only for
the understandability ease of user(s) provided in the website.
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Your use of this Site shall be governed in
all respects by the laws of Japan, without regard to choice
of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this
Site (including but not limited to the purchase of FUJI
products) shall be in the state or federal courts located
in Japan. Any cause of action or claim you may have with
respect to the Site (including but not limited to the purchase
of FUJI products) must be commenced within one (1) year
after the claim or cause of action arises. FUJI's failure
to insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as
a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. FUJI may assign
its rights and duties under this Agreement to any party
at any time without notice to you.
FUJI makes no representation that materials in the Site
are appropriate or available for use in other locations,
and access to them from territories where their content
is illegal is prohibited. Those who choose to access this
Site from locations outside Japan do so on their own initiative
and are responsible for compliance with applicable local
laws.
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By using this Site, you agree that FUJI,
at its sole discretion, may require you to submit any disputes
arising from the use of this Site, or these Terms and Conditions
concerning or, including disputes arising from or concerning
their interpretation, violation, nullity, invalidity, non-performance
or termination, as well as disputes about filling gaps in
this contract or its adaptation to newly arisen circumstances,
to final and binding arbitration under the International
Rules of Arbitration.
Any award in an arbitration initiated under this clause
shall be limited to monetary damages and shall include no
injunction or direction to any party other than the direction
to pay a monetary amount. Further, the arbitrator(s) shall
have no authority to award punitive, consequential or other
damages not measured by the prevailing party's actual damages
in any arbitration initiated under this section, except
as may be required by statute.
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FUJI may revise these Terms at any time by
updating this posting. You should visit this page from time
to time to review the then-current Terms because they are
binding on you. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms
located on particular pages at this Site.
Please note that The Fuji Corporation Company
does business with head office only in the State of Chiba
Japan. Aside from the offices and other facilities in the
Maizuru and Toyama referred to in this web site, The Fuji
Corporation Company does not own or operate any of the other
facilities whatsoever.
THIS WEBSITE
POLICY FOR USER IS JOINTLY SERVED WITH OTHER TERMS AND CONDITIONS
MENTIONED IN FUJI WEBSITE, THAT IS, TRADE TERMS, PRIVACY
STATEMENT AND OTHER NOTICES WHICH MEANS BY USING THE FUJI
WEB SITE, YOU AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS.
PLEASE READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT AND
LEGAL INFORMATION.
Last Update: 14 Oct 2006
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