Picture Perfect Halloween Photo Contest
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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, if applicable, as amended from time to time
by Fujifilm, and any contest and sweepstakes 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.
ACCEPTABLE USE POLICY
PLEASE CAREFULLY READ THIS ACCEPTABLE USE POLICY (THE "POLICY") BY FUJIFILM, WHICH GOVERNS YOUR USE OF
THE SITE ALONG WITH OUR TERMS AND CONDITIONS. THIS POLICY APPLIES TO YOUR USE OF THE SITE; TO OUR SOFTWARE,
IF PROVIDED; AND TO ANY SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. CAPITALIZED TERMS USED
HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE TERMS AND CONDITIONS ABOVE.
GENERAL USE RULES: Your use of the Service, including, without limitation, posting of user-supplied
content, information or materials ("Materials") to 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.
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 Fujifilm
system or its infrastructure.
THE RIGHTS OF OTHERS: Your use of the Service must not infringe the legal rights of any other person
(including, without limitation, 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 the Policy:
- Uses that may violate the General Use Rules set forth above;
- Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful,
abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful,
offensive, harassing, invasive of the privacy rights of others, harmful to minors, or otherwise objectionable.
This prohibition extends to the posting of any Materials that depict, encourage, indicate, advocate or tend
to incite any such conduct;
- Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials
that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other
unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for
any reason, or any act of cruelty to animals;
- Uses that may dilute or tarnish the name and reputation of Fujifilm and its affiliates or associates;
- Uses that modify, adapt, sub-license, translate, sell, reverse-engineer, decompile or disassemble any
portion of the Site, our software code which underlies or is offered on the Site, or uses that delete,
obscure or modify any proprietary notice contained on the Site;
- Uses that frame or mirror any part of the Site without Fujifilm's prior written authorization;
- Uses that interfere with other persons' use and enjoyment of the Service or of the Internet generally;
- Uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security
of the Service or that may otherwise or result in the circumvention or breach of any user authentication,
password, security or control measures regarding the Service or any other Internet resource or computer
system; or unauthorized access to other persons' accounts and Materials (including, without limitation,
Materials posted to the Service) or interference with their use and enjoyment of the Service;
- Uses that conceal or misrepresent the author or origin of any message or communication, or that impersonate
any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including,
without limitation, any Fujifilm company representative;
- Uses that contain, hyperlink to or otherwise disclose images of any person or private information about
any person (such as names, telephone numbers, email addresses, postal addresses, social security numbers,
etc.) without that person's permission;
- The uploading, posting or transmission to the Service of any of the following Materials, whether posted
publicly or with password protection, whether directly or indirectly or intentionally or unintentionally:
(i) Materials that contain links to other sites or Internet resources; (ii) executable programs or audio
and video recordings; (iii) Materials that contain or involve the use of computer viruses, spyware, Trojan
horses, worms, time bombs, cancelbots, keyloggers, or other malicious or destructive computer code that may
damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the
functionality of, or otherwise adversely affect the Service or any other computer system, hardware, software,
telecommunications equipment, data, or personal information; and (iv) Materials that are encrypted.
MONITORING AND COMPLAINTS: Fujifilm is not obliged to monitor, screen, police or edit the use of the
Service, including, without limitation, 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 Fujifilm becomes aware of any
inappropriate uses of the Service, including, without limitation, uses that constitute copyright infringement.
COMPLIANCE, CONSEQUENCES, AND LAW ENFORCEMENT DISCLOSURE: Fujifilm may in its sole discretion determine
whether the Policy has been violated. Policy violations constitute a breach of the Terms and Conditions above
and may, in the sole discretion of Fujifilm, result in: (a) termination or suspension of permission to use the
Service and any Site membership and accounts You may have; (b) restricted access to Materials posted to the
Service; (c) removal and permanent deletion and destruction of Materials posted to the Service; and (d) other
consequences; all without any notice to You or any other person, and without any liability incurred by Fujifilm
to You.
Users who violate the Policy may incur criminal or civil liability. You acknowledge that it is Fujifilm's policy
to cooperate with law enforcement agencies who may initiate investigations into illegal or improper activities
relating to the Service. Alternately, Fujifilm may in its sole discretion report perceived violations of
applicable law to law enforcement authorities. Fujifilm will cooperate fully with law enforcement authorities
in the investigation of suspected unlawful conduct, including, without limitation, providing Users' personal
information (including, without limitation, account information and payment information), and copies of
Materials used in connection with the Service, including, without limitation, Materials posted to the
Service.
Fujifilm's failure to enforce the Policy, for whatever reason, shall not be construed as a waiver of any
preceding or subsequent violation of the Policy.
© Copyright 2012 FUJIFILM North America Corporation. All Rights Reserved.
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