TERMS OF USE for instax Biz™ Template Maker
BEFORE USING THIS instax Biz™ Template Maker (“WEB Application”) PROVIDED BY FUJIFILM CORPORATION (“Fujifilm”), PLEASE READ THESE TERMS OF USE (the “Terms”) CAREFULLY. ONLY IF YOU (“You”) DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB APPLICATION.
1. Definitions.
1.1 This WEB Application is a web application for a template creation tool for the Fujifilm smartphone application "instax Biz™" (the "Smartphone App").
1.2 You may upload images to this WEB Application and use them to create templates for the Smartphone App (the “Templates”). You may download the Templates You create and use them as templates within the Smartphone App. Usage of such Templates for any other purpose than the Smartphone App is not allowed.
1.3 You agree to only upload images, logos and similar materials to this WEB application if You have the necessary copyrights and other intellectual property rights to them or if You have the necessary permission by the right holder to use said images, logos and similar materials.
1.4 This WEB Application does not save or store template creation data. You are responsible for downloading the templates You create to Your device in order to save them. Please note that if this WEB Application is closed—for example, by closing the web browser in which the WEB Application is open or losing Your internet connection—any template data currently being created will be deleted. Fujifilm is not responsible for and specifically disclaims all liability related to deletions or lost data as a result of internet connection failures or WEB Application unresponsiveness.
2. Restrictions.
2.1 You shall not distribute, rent, lease or otherwise transfer all or any part of the WEB Application to any third party without Fujifilm's prior written consent. You also shall not sublicense, assign or otherwise transfer all or any part of the rights granted to You by Fujifilm under the Terms without Fujifilm's prior written consent.
2.2 You shall not copy or reproduce all or any part of the WEB Application without Fujifilm's prior written consent.
2.3 You shall not modify, adapt or translate the WEB Application. You also shall not alter or remove copyright and other proprietary notices that appear on or in the WEB Application.
2.4 You shall not, and shall not cause any third party, to reverse-engineer, decompile, or disassemble the WEB Application.
2.5 In using the WEB Application, You expressly agree that You shall not violate any laws, statutes or ordinances or act against public order and morality , including, but not limited to, using photographs, logos or images in Your Content which include the prohibited Content listed below:
(b) Any content that includes personal information of a third party (e.g. name, address, phone number, and e-mail address).
(c) Any content that includes pornography, sexual content, nudity, vulgarity or any other indecent material.
(d) Any Content that induces or encourages bullying, hate, violence, self-harm, harassment, discrimination, criminal behavior, or harmful or dangerous acts involving minors or juveniles.
(e) Any content that includes discriminatory, derogatory, or hateful expression.
(f) Any content that constitutes or may lead to violations of any laws, statutes or ordinances or content that is or may be offensive to public order and morality.
(g) Any other contents determined by Fujifilm in its sole discretion to be inappropriate.
3. Special Terms regarding Intellectual Property Law Compliance.
3.1 By using the WEB Application, You acknowledge and agree that all applicable trademark, copyright and intellectual property laws apply to the access, use, reproduction, modification, extraction, utilization, and application (collectively hereinafter referred to as a “Use”, “Uses”, or any derivatives thereof) of third party materials made through the use of the WEB Application. You agree not to Use the WEB Application for any infringing purposes, including but not limited to distributing or disseminating derivative works based on content downloaded from any third-party source, and You expressly accept sole responsibility for ensuring that Your Use complies with all applicable laws and all third-party source terms and conditions of use. This includes obtaining all necessary authorizations, approvals, and rights from any and all third parties before Using their intellectual property. When using the WEB Application, You agree to exercise special care to avoid violating Article 2 of these Terms, including but not limited to restrictions against violating any laws, statutes, ordinances or infringing the copyrights, trademarks, privacy, publicity or portrait rights of third parties. When creating templates within the WEB Application You agree not to Use any third-party materials such as logos, marks, icons, pictures or text in a manner that infringes on their intellectual property rights. You acknowledge and agree that You are solely responsible for confirming or securing any permissions required before including such materials in Your creations. Your Use of such materials is limited to the scope permitted by the applicable laws. If You plan to publish, share, or post Your creations publicly (such as on social media), You must verify whether such Use is permitted under applicable laws or if You need to obtain prior consent from the rights holders
3.2 FUJIFILM SHALL HAVE NO OBLIGATION TO MONITOR YOUR USE OF THE WEB APPLICATION. However, Fujifilm may at its sole discretion, at any time, take measures which Fujifilm thinks appropriate when detecting acts violating Article 2 of these Terms of Use without giving You any prior notice or obtaining Your consent. IN NO EVENT SHALL FUJIFILM HAVE ANY LIABILITY FOR ANY DAMAGES INCURRED FROM THOSE MEASURES.
3.3 FUJIFILM Corporation and its subsidiaries and affiliate companies disclaim any responsibility for, and will not in any circumstance be liable for, any infringement or infringing Uses made by You (the WEB Application user) of third-party intellectual property.
4. Ownership.
All copyrights and other proprietary rights to the WEB Application are owned and retained by Fujifilm or third party suppliers as indicated on or in the WEB Application. Nothing contained herein shall be construed, expressly or implicitly, as transferring or granting any right, license or title to You other than those explicitly granted by Fujifilm in writing.
5. DISCLAIMER
5.1 THE WEB APPLICATION IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUJIFILM HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEB APPLICATION, EITHER EXPRESSED, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OF ANY COPYRIGHT, PATENT, TRADE SECRET, OR ANY OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. FUJIFILM SHALL NOT BE LIABLE FOR ANY INFRINGEMENT OF PROPRIETARY RIGHTS OF A THIRD PARTY AND DAMAGES ARISING THEREFROM INCURRED FROM THE USE OF THE WEB APPLICATION.
5.2 TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT SHALL FUJIFILM HAVE ANY LIABILITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOST SAVINGS) INCURRED FROM THE USE OF OR INABILITY TO USE THE WEB APPLICATION EVEN IF FUJIFILM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Your Responsibilities.
6.1 You agree that You make use of the WEB Application at Your own risk. You agree that You are solely responsible for the use of the WEB Application, results thereof and any damages incurred by the use of the WEB Application.
6.2 MINORS AND PARENTS/GUARDIANS: If You are a minor, You shall obtain Your parent’s or legal guardian’s consent before using the WEB Application. YOUR PARENT OR LEGAL GUARDIAN, IN PROVIDING THEIR CONSENT, SHALL EXPRESSLY AGREE TO BE BOUND BY THESE TERMS RELATED TO YOUR USE OF THE WEB APPLICATION AS IF THEY THEMSELVES WERE THE USER.
6.3 If You defame another person's reputation, violate another person's privacy, disclose personal information of a third party without obtaining consent or violate another person's rights (including but not limited to copyright, trademark, publicity and portrait rights), or if any conflict with a third party occurs as a result of Your use of the WEB Application, You are solely responsible for resolving such conflict at Your own cost. Fujifilm assumes no responsibility or liability regarding Your use of the WEB Application.
6.4 You agree to indemnify, defend and hold harmless Fujifilm and its affiliates from and against any and all claims and losses (including reasonable outside attorneys' fees and litigation costs) arising from (i) any breach by You of these Terms of Use; (ii) Your use of third-party content through the WEB Application; or (iii) the negligence, willful misconduct, fraud or violation of applicable laws by You in using the WEB Application.
7. No export.
You acknowledge that neither the WEB Application nor any part thereof will be transferred or exported to any country or used in any manner in violation of any export control laws and regulations to which the WEB Application is subject.
8. Violation of the Terms.
If You fail to comply with the Terms, Fujifilm may suspend Your use of the WEB Application in part or in full without notice to You or Your agreement, and Fujifilm Group reserves the right to claim for damages incurred by Fujifilm Group due to such failure.
9. Changes to the Terms.
Fujifilm may change the Terms at its discretion. When changing the Terms, Fujifilm will notify You by posting the changed Terms on the WEB Application. The changed Terms become effective as of the effective date set by Fujifilm at the time of notification.
10. Governing Law and Jurisdiction.
The Terms shall be governed by and construed in accordance with the laws of Japan. Any and all disputes related to the Terms shall be subject to exclusive jurisdiction of Tokyo District Court in the first instance.
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