Privacy Statement, Fujifilm-XT100.com
Please read the Privacy Statement carefully before using this Site.
Last Updated: May 24, 2018
This Privacy Statement applies to personal information about individuals and does not apply to the information collected, used or disclosed with respect to corporate or commercial entities.
This Privacy Statement does not impose any limits on our collection, use or disclosure of the information exempted under applicable privacy legislation, including business contact information and certain publicly available information.
How We Collect Information
We may collect and store any information you voluntarily provide to us while on our Site. For example, we may collect your name, date of birth, e-mail address, country of residence, mailing address, phone number, IP address, browser and operating system descriptor, URL of referring webpage, preferences, likes and dislikes, and other information.
Certain examples of how you provide us information include:
When you enter a sweepstakes or contest, either through the Site or through an e-mail communication by virtue of your having created an account with FUJIFILM, we may ask for your name, address, date of birth and e-mail address so we can administer the contest and notify the winners; or
When you correspond with us via an e-mail or other communication initiated through the Site; or
When you opt-in to join our mailing list through the Site.
We will not collect information indiscriminately and will limit collection of information to that which is reasonable and necessary for the above purposes. We will also collect information as is otherwise authorized by law.
You may have the option on this Site to indicate if you would like to receive promotional information, updates on existing or new products, services and benefits from FUJIFILM or its affiliates and market research communications (including customer surveys). If at any time you would like to unsubscribe from receiving such correspondence, please notify us at email@example.com or firstname.lastname@example.org.
The personal information you submit is not used for any purpose other than the purposes stated below or other purposes we state at the time of collection or in later notices to you, and is not shared with outside parties in each case except to the extent described herein or you elect otherwise.
How We Use Information We Collect
We use information held about you in the following ways:
To improve Site performance and/or otherwise ensure that content on our Site is presented in the most effective manner for you and for your computer.
To process messages for anti-spam and quality monitoring purposes.
To help us understand your needs and interests and provide you with better services.
To communicate with you (including to respond to e-mail received from you).
To provide service and support.
To supply promotional information, unless you opt out of receiving that information.
To update you on relevant products, services or benefits from FUJIFILM or its affiliates, unless you opt out of receiving that information.
To contact you for market research regarding our products or services or the products and services of our affiliates, unless you opt out of being contacted for those purposes. The information you submit in response to market research initiatives is not used for any purpose other than market research and is not shared with outside parties except to the extent described herein or you elect otherwise.
To authenticate your identity.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
For our risk management purposes.
To manage or transfer our assets or liabilities, for example in the case of an acquisition, disposition or merger.
To protect us, yourself and others from fraud and error and to safeguard our business interests.
To collect debts owed to us.
To comply with legal and regulatory requirements.
Data collected online may also be combined with information you provide through other sources. Non-personal data is collected for reporting about our Site usability, performance, and effectiveness. It is also used to improve the customer experience, usability and Site content. We do not use personal information provided to us in ways unrelated to the uses described above without first providing you with the opportunity for you to opt out of such uses.
When you visit this Site, you can browse the Site and access information without revealing your identity. In order to improve our Site and, in some instances to send you targeted ads, we use "cookies" to track your visit.
A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables FUJIFILM to record your user journey. It cannot be executed as code or deliver viruses. Cookies help us to improve our Site and to deliver a better and more personalized service by enabling us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customize our Site according to our users’ interests.
To speed up your searches.
To recognize you when you return to our Site.
In addition to the cookie uses described above, we may also use a targeted advertising service provider, such as Adroll or Facebook (via its “Facebook Remarketing” tool), which may place anonymous cookies on the browsers of visitors to certain portions of this Site and/or send their own cookies to the visitors’ cookie file. These cookies may allow the service provider to serve targeted Fujifilm ads to you when you visit certain websites. Such ads may include a link that will include information for users on how to opt-out of being cookie retargeted. We will not combine the information collected through the use of these service providers with personally identifiable information.
Most browsers are initially set to accept cookies. You can prevent Google Analytics, or another service provider, from recognizing you on return visits to this site by disabling cookies on your browser. If you select this setting on your browser, it is possible you may be unable to access certain parts or features of our Site, however, refusing to accept cookies should not render the services unusable. If you experience difficulties with the Site after refusing to accept cookies, please contact the Chief Privacy Officer at email@example.com.
Who We Share It With
FUJIFILM may share information with its affiliates, suppliers, subcontractors and other third parties for the purposes described above (such as website hosting companies, spam management companies, e-mail service providers, analytics companies, fulfillment companies, and other similar service providers that use such information on our behalf).
We may also disclose your personal information:
In the event we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation.
To respond to your requests for customer service.
To protect the rights, property, or safety of FUJIFILM, our customers, or others, or to protect the personal safety of FUJIFILM’s employees, users of its sites, or the public. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
FUJIFILM will not sell, rent, or lease your personal information to any third party unless you have given permission to do so.
Where We Store Your Personal Data
The data that we collect from you may be transferred to, and/or stored at, a destination outside of Canada. It may also be processed by staff operating outside of Canada who work for us or one of our affiliates, subcontractors or suppliers. By submitting your personal data, you agree to this transfer, storing or processing and you understand that information you provide may be available to any provincial, state or local governments of such jurisdictions and/or their agencies under a lawful order made in the applicable jurisdiction. We will take all reasonable precautions to ensure that your transferred data is treated securely in accordance with this Privacy Statement.
All information you provide to us is stored on secure servers, which may be located outside of Canada. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We strongly recommend that you do not to share your password with anyone.
Mobile Device Identifiers
You may be visiting the Site from your mobile device. Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such information if you access the Site through mobile devices. Some features of the Site may allow for the collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Furthermore, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.
This Privacy Statement applies solely to information collected by this Site. This Site may contain links to other sites (the “Linked Sites”). Please be aware that certain of the Linked Sites are not under the control of FUJIFILM and FUJIFILM is not responsible for the privacy practices of such other sites.
Any dealings, via the Linked Sites, with third parties, including the delivery of and the payment for goods and services and participation in promotions, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. FUJIFILM shall not be responsible or liable for any part of any such dealings.
We will make a reasonable effort to ensure that personal information we are using or disclosing is accurate and complete. In most cases we rely on you to ensure that your information is current, complete and accurate.
If you demonstrate the inaccuracy or incompleteness of personal information, we will amend the information as required. If appropriate, we will send the amended information to third parties to whom the information has been disclosed.
When a challenge regarding the accuracy of personal information is not resolved to your satisfaction, we will annotate the personal information under our control with a note that the correction was requested but not made.
Data Safeguarding and Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Unfortunately, the transmission of information via the internet is not completely secure. Despite our reasonable efforts, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Accordingly, we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications, by using the Site.
Upon written request and authentication of identity, we will provide you with your other personal information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfil the request.
In some situations we may not be able to provide access to certain personal information. This may be the case where, for example, disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation or where disclosure of the information would reveal confidential commercial information that, if disclosed, could harm our competitive position. We may also be prevented by law from providing access to certain personal information.
Where an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
Changes to Our Privacy Statement
Any changes we may make to our Privacy Statement in the future will be posted on this page and, where appropriate, notified to you by e-mail. Continued use of this Site after any posted revision indicates your consent to our use of your information in accordance with the changed, amended, or updated Privacy Statement, whether or not you have received notification of the change, amendment or update. Revisions to our Privacy Statement will not affect information collected prior to such revisions.
Our Commitment to Children’s Privacy
Changes to Your Information
You can edit the personal information you have provided to us at any time by emailing firstname.lastname@example.org with your request or by contacting the Chief Privacy Officer at email@example.com or as otherwise provided below.
If you have questions or concerns about this Privacy Statement, or wish to view or change your personal information, please contact Fujifilm's Chief Privacy Officer at:
FUJIFILM Canada, Inc.
600 Suffolk Court
Attention: Fujifilm Canada Inc. Chief Privacy Officer
by telephone at 1-800-263-5018 or by e-mail at firstname.lastname@example.org.
Copyright © 2018 FUJIFILM Canada Inc. All rights reserved.
Terms and Conditions
Last Updated on June 1, 2018
1. Terms and Conditions of Use for FUJIFILM-XT100.com
2. Changes to Site
3. Services of Site
The Site currently provides or may provide the following Services:
a. information about FUJIFILM products; and
b. promotions, contests and sweepstakes which includes the ability to upload User Content to the Site;
4. Permitted Uses
5. Prohibited Uses
You represent and warrant that you will not, nor will you allow others to, directly or indirectly:
a. remove or copy any of the Site Content, or remove the copyright or other proprietary notices contained in the Site Content; sell, reproduce, modify or attempt to modify the Site Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Site Content on any other website; or transfer any of the Site Content to any other person without the prior written consent of FUJIFILM;
b. print or copy any of the HTML or other computer software and/or code that is accessible at this Site;
c. use or interact with this Site in any manner that could damage, disrupt, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any Services, system resources, accounts, servers, networks, computer software, hardware, telecommunications equipment and/or affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site material containing computer viruses, Trojan horses, worms or other files, code or computer programs which are potentially harmful, damaging, disruptive and/or destructive);
d. use any robot, spider, scrapers or other means (whether by automatic program or device, manual process or otherwise) to monitor, copy, summarize, harvest, collect, process, combine, store or otherwise extract, use or disclose any information from this Site or the Site Content in whole or in part, respecting other users (including, but not limited to, the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any user); or circumvent or violate robot exclusion headers or any other means of limiting access;
e. harass another user, use or attempt to use another's information in connection with this Site; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a FUJIFILM employee or agent, an employer or a recruiter, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;
f. disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Site Content posted by any other person or entity; or
g. post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity.
In addition, you agree that you are solely responsible for actions or communications undertaken, or Content transmitted, uploaded or posted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of any Content. FUJIFILM will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. FUJIFILM reserves the right at all times to disclose any Site Content or other Content transmitted by you as necessary to satisfy any law, regulation or governmental request.
6. [Intentionally Omitted]
7. Proprietary Rights
This Site, including without limitation all Site Content, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Site Content. Any software, including any files and images generated by such software and code and data accompanying such software used or accessible through this Site (the "Software") is the copyrighted work of FUJIFILM or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
For greater certainty, FUJIFILM's services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. FUJIFILM reserves all such rights.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation Fujifilm.ca, FUJIFILM Canada, Fujifilm, and Fuji, constitute trade-marks, trade names, trade dress and associated products and services of FUJIFILM or its affiliates, and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of any of same, in whole or in part, without prior written authorization of FUJIFILM is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trade-marks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trade-marks or trade names. Any unauthorized use of them is strictly prohibited.
Except as expressly provided herein, FUJIFILM does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trade-mark, copyright, trade secret, or confidential information, of FUJIFILM or of any other contributor of Site Content.
8. Links and Disclaimers of Linked Sites
FUJIFILM is not responsible for the contents of any such linked pages or any other pages not under its control. FUJIFILM makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that FUJIFILM sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of FUJIFILM.
a. If you link to this Site, FUJIFILM grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Fujifilm word mark (the "Licensed Marks") solely for the purpose of serving as a link from the applicable web site to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of FUJIFILM's trade-marks or service marks for any reason without FUJIFILM's prior written permission.
b. The linked website, and other materials, shall not:
i. change in any material way the nature and features of such website from that described to FUJIFILM in the written notice provided to FUJIFILM prior to the establishment of the link;
ii. create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
iii. imply that FUJIFILM is endorsing you, or any other person, or your or such other person’s products or services;
iv. imply an affiliation between you or any other person, or your or such other person's products or services, and FUJIFILM without the prior written consent of FUJIFILM;
v. misrepresent the relationship of you or any other person with FUJIFILM or present false, misleading or otherwise damaging information or impressions about FUJIFILM or any of its products or services;
vi. contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups; or
vii. incorporate the Site or the Site Content into another website.
FUJIFILM may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If FUJIFILM exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks.
FUJIFILM may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.
9. Privacy Statement; Electronic Communication Consent
YOU ALSO HEREBY CONSENT TO FUJIFILM AND ITS REPRESENTATIVES SENDING YOU E-MAILS AND OTHER ELECTRONIC COMMUNICATIONS REGARDING THIS SITE, THE SITE CONTENT AND THE SERVICES IN ACCORDANCE WITH THE PRIVACY STATEMENT. YOU CAN CHANGE YOUR E-MAIL AND ELECTRONIC COMMUNICATIONS PREFERENCES BY EMAILING FCANCUSTSERVICE@FUJIFILM.COM WITH YOUR REQUEST.
10. User Communications; Content; Guidelines
Subject to any applicable law and the requirements of the Privacy Statement, any Content sent, transmitted, uploaded or posted by you or on your behalf to this Site or otherwise to FUJIFILM is provided on a non-confidential basis, including any ratings or reviews posted by you, and FUJIFILM is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. You hereby grant to FUJIFILM, its affiliates and their respective service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide right and license to use access, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, delete, adapt, publish, translate, create derivative works from, and otherwise use any Content in any form, media or technology now known or later developed, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services, without providing compensation to you or to any other person, and without any liability to you or any other person. You hereby waive the right to receive any financial or other consideration in connection with such Content, including without limitation acknowledgment of you as the source of such Content.
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.
By transmitting, uploading or posting any Content with respect to the Site, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such Content have been voluntarily waived by you;
- FUJIFILM and its affiliates’ access, copying, reproduction, distribution, transmission, display, performance, communication, modification, deletion, adaptation, publication, translation, creation of derivative works from, and other use of the Content as permitted by this agreement will not violate or infringe the intellectual property, privacy or other rights of any third party;
- you have the right to grant FUJIFILM and its affiliates the rights and licenses described above (if you are not in a position to grant such a license to FUJIFILM and its affiliates, you must not submit the Content);
- all Content that you post is accurate and provided with no intention to mislead;
- you are at least 13 years old and, if you are participating in a contest and/or sweepstakes you have at least achieved the age of majority (whether it be 18 years old or 19 years old) in the province in which you reside;
- you are not impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- you have not been compensated or granted any consideration by a third party for submitting such Content;
- you have disclosed any potential conflict or other vested interest, such as the fact that you or someone in your immediate family or household works for FUJIFILM, a major supplier or vendor of FUJIFILM, or one of their respective affiliates;
- you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; and
- you will not post Content which contains 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.
We may allow you to submit reviews and product ratings on the Site. When writing your review, you should adhere to the Review Guidelines posted on this Site.
- Content that contains obscenities, nudity or is unlawful, harmful, threatening, explicit, abusive, harassing, defamatory, libelous, vulgar, pornographic, obscene, invasive of another's privacy, hateful, tortious, racially, ethnically or otherwise objectionable or not suited for a public forum.
- Content which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Content that harms children in any way.
- Content which depicts or describes an unlawful or criminal act or advocates, promotes, or incites any third party to commit, or assist any unlawful or criminal act.
- Content containing statements which members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Content that infringes or violates any third party's patent, copyright, trade-mark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
- Content which includes email addresses, URLs, phone numbers, physical addresses or other forms of contact information including but not limited to any name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual.
- Content that impersonates any person or entity, including a FUJIFILM member of staff, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- 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).
- Content containing any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Content which uses the Site for any commercial purpose.
- Content which contains critical or spiteful comments respecting other reviews posted on the Site, their authors or anyone else.
- Content which contains references to a retailer or a competitor’s name or model.
11. POLICY FOR SUBMITTED IDEAS
FUJIFILM and its affiliated companies maintain a policy not to accept any 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. Such ideas shall be considered Content for purposes herein. 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:
- FUJIFILM and its affiliated companies are under no obligation to handle the submitted ideas as confidential information.
- FUJIFILM and its affiliated companies are under no obligation to study, evaluate, or adopt the submitted ideas.
- FUJIFILM 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.
By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be misstated or deceptively stated.
You acknowledge that:
a. FUJIFILM makes no representation or warranty of any kind regarding the Site, the Site Content, and each Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Site Content or about the results to be obtained using the Site Content or any Service;
b. you will be solely responsible for any Content you provide the Site or otherwise provide to FUJIFILM, including without limitation for its truthfulness and accuracy; and
c. the Site, the Site Content, and each Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Site Content shall be at your sole risk.
FUJIFILM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AMD ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING AND USAGE OF TRADE. FOR GREATER CERTAINTY, FUJIFILM DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED HEREIN DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM, TRANSMISSION LINK, OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, LABOUR DIFFICULTIES, INTERRUPTION OF TRANSPORTATION, ACTS OF ANY GOVERNMENT AUTHORITY, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
THE LAWS OF CERTAIN JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW LIMITATIONS ON SOME IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL FUJIFILM OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING ,WITHOUT LIMITATION, WITH RESPECT TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF FUJIFILM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
WITHOUT LIMITING THE FORGOING EXCLUSION, FUJIFILM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES, CLAIMS OR DEMANDS STEMMING FROM YOUR USE OF THE SITE SHALL NOT EXCEED CDN $100.
THE LAWS OF CERTAIN JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Choice of law
Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
request that such Content be removed, or that access to it be blocked. All such notices shall be sent to:
Fujifilm Canada Inc.
600 Suffolk Court
Mississauga ON L5R 4G4
Attention: Chief Privacy Officer
or by email at email@example.com.
Please provide us with sufficient contact information so that we may contact you if necessary to address your notice. Any personal information you provide in the notice shall be used solely for the purpose of addressing your request for removal.