Terms of Service | MyFinePix New Zealand

1. ACCEPTANCE OF TERMS

Welcome to MyFinePix. Fujifilm NZ Limited (Fujifilm NZ) provides the MyFinePix Service to you, subject to the TOS.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the MyFinePix Site [www.myfinepix.co.nz] ("the MyFinePix Site") and the MyFinePix Service, whether as a guest or a registered user. Please read these TOS carefully before you start to use the site. By using the MyFinePix Site, you indicate that you accept these TOS and that you agree to abide by them. If you do not agree to these TOS, please refrain from using the MyFinePix Site.

Here are the meanings of the abbreviations and specific terms Fujifilm NZ will use.

"Content" has the meaning given in clause 8.

"Registration Data" has the meaning given in clause 5.

"Rules" has the meaning given in clause 8.

"MyFinePix Service" means the collection of on-line resources and functions provided by Fujifilm NZ.

"Software" has the meaning given in clause 20.

"TOS" means these Terms of Service

"Terms of Service" means these terms and conditions.

"Fujifilm NZ

"you" means the individual using the MyFinePix Site or the MyFinePix Service.

These TOS may be updated by Fujifilm NZ from time to time without notice to you. You are expected to check this page from time to time to take notice of any changes Fujifilm NZ made, as they are binding on you. Some of the provisions contained in these TOS may also be superseded by provisions or notices published elsewhere on the MyFinePix Site.

2. INFORMATION ABOUT US

[www.myfinepix.co.nz] is a site operated by Fujifilm NZ Limited. Fujifilm NZ Limited is registered in New Zealand under company number 49532 and has its registered office at Corner of William Pickering Drive and Bush Road, Albany, Auckland, New Zealand.

3. ACCESSING OUR SITE

Access to the MyFinePix Site is permitted on a temporary basis, and Fujifilm NZ reserve the right to withdraw or amend the MyFinePix Site or the MyFinePix Service without notice. Fujifilm NZ will not be liable if for any reason the MyFinePix Site or the MyFinePix Service is unavailable at any time or for any period.

From time to time, Fujifilm NZ may restrict access to some parts of the MyFinePix Site or the MyFinePix Service to users who have registered with Fujifilm NZ.

4. DESCRIPTION OF SERVICE

Through the MyFinePix Service, Fujifilm NZ provides users with access to a collection of on-line resources, including forums and images. Unless stated otherwise, any new features that are added to the MyFinePix Site or the MyFinePix Service are automatically subject to these TOS. You acknowledge and agree that the MyFinePix Site and the MyFinePix Service are provided "as is" and that Fujifilm NZ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

In order to use the MyFinePix Site and the MyFinePix Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

In summary you are responsible for making all arrangements necessary for you to have access to the MyFinePix Site. You are also responsible for ensuring that all persons who access the MyFinePix Site through your internet connection are aware of these TOS, and that they comply with them.

5. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN

You agree that, when using the MyFinePix Site or the MyFinePix Service, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the MyFinePix Site or the MyFinePix Service (as the case may be) registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Fujifilm NZ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fujifilm NZ has the right to suspend or terminate your account and refuse any and all current or future use of the MyFinePix Site and/or the MyFinePix Service (in whole or in part).

Fujifilm NZ is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the MyFinePix Site or the MyFinePix Service should assist them in setting up any relevant accounts and supervise their access to the MyFinePix Site or the MyFinePix Service. By allowing your child access to the MyFinePix Site or the MyFinePix Service, you accept that they will be able to access all of the MyFinePix Site and the MyFinePix Service. Please remember that the MyFinePix Site and the MyFinePix Service are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Content are appropriate for your child. Children who are using MyFinePix Site or the MyFinePix Service should be made aware of the potential risks to them and their obligation to comply with these TOS when using the MyFinePix Site and the MyFinePix Service.

6. MYFINEPIX PRIVACY POLICY

You agree that Registration Data and certain other information about you will be processed in accordance with Fujifilm NZ’s Privacy Policy. For more information, please see Fujifilm NZ’s full privacy policy.

7. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the MyFinePix Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Fujifilm NZ of any unauthorised use of your password or account and any other breach of security; and (b) ensure that you exit from your account at the end of each session on the MyFinePix Site. Fujifilm NZ cannot and will not be liable for any loss or damage arising from your failure to comply with this.

Fujifilm NZ has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Fujifilm NZ’s opinion you have failed to comply with any of the provisions of these TOS.

8. MEMBER CONDUCT

Whenever you make use of a feature that allows you to upload material to the MyFinePix Site, or to make contact with other users of the MyFinePix Site, you must comply with the Content standards set out in these TOS. You warrant that any such contribution does comply with those standards, and you indemnify Fujifilm NZ for any breach of that warranty.

You acknowledge that all information, data, text, photographs, graphics, messages and other materials shown on or uploaded to the MyFinePix Site, or transmitted by any person in connection with the MyFinePix Service ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not Fujifilm NZ are entirely responsible for all Content that you upload or post via the MyFinePix Site or the MyFinePix Service. Fujifilm NZ does not control the Content posted via the MyFinePix Site or the MyFinePix Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the MyFinePix Site or the MyFinePix Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fujifilm NZ be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the MyFinePix Site or the MyFinePix Service.

Any Content you upload to the MyFinePix Site will be considered non-confidential and non-proprietary, and Fujifilm NZ has the right to use, copy, distribute and disclose to third parties any such Content for any purpose. Fujifilm NZ also has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the MyFinePix Site constitutes a breach of their intellectual property rights, or of their right to privacy.

You agree to not use the MyFinePix Site or the MyFinePix Service to:

upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm children in any way;
impersonate any person or entity, including, a Fujifilm NZ member of staff, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the MyFinePix Site or the MyFinePix Service;
upload, post or otherwise transmit any 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);
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the MyFinePix Site or the MyFinePix Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the MyFinePix Site or the MyFinePix Service or servers or networks connected to the MyFinePix Site or the MyFinePix Service, or disobey any requirements, procedures, policies or regulations of networks connected to the MyFinePix Site or the MyFinePix Service;
harass another member; or extract, collect, process, combine or store personal data about other users;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or
publish 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.

(Collectively referred to as the "Prohibited Uses").

You acknowledge that Fujifilm NZ has no obligation to monitor or moderate Content. Fujifilm NZ will not be responsible as author, editor or publisher of any Content submitted by you and Fujifilm NZ expressly exclude Fujifilm NZ’s liability for any loss or damage arising from the use of the MyFinePix Site or the MyFinePix Service by any person for any of the Prohibited Uses or otherwise in contravention of these TOS.

Fujifilm NZ shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any Content that is available via the MyFinePix Site or the MyFinePix Service that breaches these TOS or which Fujifilm NZ deems to be potentially defamatory of any person, unlawful or in breach of any third party’s rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Fujifilm NZ and its officers, employees and contractors may access, preserve, and disclose your MyFinePix account information and Content:

to Fujifilm NZ’s related companies worldwide for the purpose of providing the MyFinePix Site and the MyFinePix Service to you in an efficient manner;
for the purpose of properly administering your account in accordance with the standard operating procedures of Fujifilm NZ and the MyFinePix Service; and
if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these TOS;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of Fujifilm NZ, its users and the public.

9. BREACH OF THESE TERMS OF SERVICE

When Fujifilm NZ consider that a breach of these TOS has occurred, Fujifilm NZ may at Fujifilm NZ’s discretion take such action as Fujifilm NZ deem appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these TOS, and may result in Fujifilm NZ’s taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the MyFinePix Site or the MyFinePix Service.
Immediate, temporary or permanent removal of any Content already posted.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as Fujifilm NZ reasonably feel is necessary or as required by law.

Fujifilm NZ exclude Fujifilm NZ’s liability for all action Fujifilm NZ may take in response to breaches of these Rules. The actions described above are not limited, and Fujifilm NZ may take any other action Fujifilm NZ reasonably deem appropriate.

10. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the MyFinePix Site are not intended to amount to advice on which reliance should be placed. Fujifilm NZ therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the MyFinePix Site, or by anyone who may be informed of any of its contents.
Fujifilm NZ makes no warranty as to the accuracy, reliability, suitability or currency of the information on the MyFinePix Site. Fujifilm NZ urges you to seek independent advice before acting on any information contained in the MyFinePix Site.

11. SPECIAL TERMS FOR INTERNATIONAL USE

Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. When you are on any international Fujifilm NZ property, you are bound by these TOS and applicable laws governing that Fujifilm NZ property.

12. PUBLIC CONTENT POSTED TO MYFINEPIX

For purposes of these TOS, "publicly accessible areas" of the MyFinePix Site are those accessible by the general public. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the MyFinePix Site or the MyFinePix Service, and that under no circumstances will Fujifilm NZ be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other content) posted to publicly accessible areas may remain publicly accessible indefinitely.

With respect to Content that you elect to post for inclusion in publicly accessible areas of the MyFinePix Site or that consists of photos you elect to post to any area of the MyFinePix Site, you grant Fujifilm NZ a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the MyFinePix Site solely for the purpose of displaying, distributing and promoting the MyFinePix Service, the MyFinePix Site or Fujifilm NZ. This licence exists only for as long as you elect to continue to include such Content on the MyFinePix Site and shall be terminated at the time you delete such Content from the MyFinePix Site.

With respect to all other Content you elect to post to other publicly accessible areas of the MyFinePix Site, you grant Fujifilm NZ the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

In accordance with these TOS, you must ensure that your Content does not infringe any copyright, database right or trade mark of any other person. By submitting your Content, you are warranting that you have the right to grant Fujifilm NZ and Fujifilm NZ’s related companies the non-exclusive copyright licence described above.

If you are not in a position to grant such a licence to Fujifilm NZ and members of Fujifilm NZ’s group company, please do not submit the Content.

13. INDEMNITY

You agree to indemnify and hold Fujifilm NZ and its members of its group companies and employees, harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with any Content you submit, post to or transmit through the MyFinePix Site or the MyFinePix Service, your use of the MyFinePix Site or the MyFinePix Service, your connection to the MyFinePix Site or the MyFinePix Service, your breach of these TOS, or your breach of any rights of any third party.

14. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the MyFinePix Site or the MyFinePix Service, use of the MyFinePix Site or the MyFinePix Service, or access to the MyFinePix Site or the MyFinePix Service.

15. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Fujifilm NZ may establish general practices and limits concerning use of the MyFinePix Site or the MyFinePix Service, including without limitation the maximum number of days that forum postings or other uploaded Content will be retained by the MyFinePix Site, the maximum disk space that will be allotted on Fujifilm NZ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the MyFinePix Site or the MyFinePix Service in a given period of time. You agree that Fujifilm NZ has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted via the MyFinePix Site or in connection with the MyFinePix Service. You further acknowledge that Fujifilm NZ reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

16. MODIFICATIONS TO SERVICE

Fujifilm NZ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MyFinePix Site or the MyFinePix Service (in whole or in part) with or without notice. You agree that Fujifilm NZ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MyFinePix Site or the MyFinePix Service.

17. TERMINATION

You agree that Fujifilm NZ in its sole discretion, may terminate your password, account (or any part of your account) or use of the MyFinePix Site or the MyFinePix Service, and remove and discard any Content within the MyFinePix Site, for any reason, including, without limitation, if Fujifilm NZ believes that you have breached or acted inconsistently with the letter or spirit of these TOS. Fujifilm NZ may also in its sole discretion and at any time discontinue providing the MyFinePix Site or the MyFinePix Service (in whole or in part)f, with or without notice.

You agree that any termination of your access to the MyFinePix Site or the MyFinePix Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that Fujifilm NZ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the MyFinePix Site or the MyFinePix Service. Further, you agree that Fujifilm NZ shall not be liable to you or any third-party for any termination of your access to the MyFinePix Site or the MyFinePix Service.

18. LINKS FROM OUR SITES

Fujifilm NZ may provide, or third parties may provide, links to other World Wide Web sites or resources through the MyFinePix Site. Because Fujifilm NZ has no control over such sites and resources, you acknowledge and agree that Fujifilm NZ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fujifilm NZ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

19. LINKING TO OUR SITE

You may link to Fujifilm NZ’s home page, provided you do so in a way that is fair and legal and does not damage Fujifilm NZ’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Fujifilm NZ’s part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of the MyFinePix Site other than the home page. Fujifilm NZ reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with the Content standards set out in these TOS.

If you wish to make any use of material on the MyFinePix Site other than that set out above, please address your request to [insert e-mail address of relevant contact].

20. MYFINEPIX'S PROPRIETARY RIGHTS

You acknowledge and agree that the MyFinePix Site or the MyFinePix Service and any necessary software used in connection with the MyFinePix Site or the MyFinePix Service ("Software") contain proprietary and confidential information of Fujifilm NZ that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the MyFinePix Site, the MyFinePix Service or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Fujifilm NZ, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the MyFinePix Site or the MyFinePix Service or the Software, in whole or in part.

You agree not to access the MyFinePix Service by any means other than through the interface that is provided by Fujifilm NZ for that purpose on the MyFinePix Site.

You must not use any part of the materials on the MyFinePix Site for commercial purposes without obtaining a licence to do so from Fujifilm NZ or Fujifilm NZ’s licensors.

21. LEGAL NOTICES

You expressly acknowledge and agree that:

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Fujifilm NZ and other members of Fujifilm NZ’s group of companies and third parties connected to Fujifilm NZ expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the MyFinePix Service to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
Fujifilm NZ makes no warranty or representation that: (i) the MyFinePix Site or the MyFinePix Service will meet your requirements; (ii) the MyFinePix Site or the MyFinePix Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the MyFinePix Site or the MyFinePix Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the MyFinePix Site or the MyFinePix Service will meet your expectations; and (v) any errors in the Software will be corrected.
Any material downloaded or otherwise obtained through the use of the MyFinePix Site or the MyFinePix Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Fujifilm NZ or through or from the MyFinePix Site or the MyFinePix Service shall create any warranty or other obligation not expressly stated in the these TOS.

22. LIMITATION OF LIABILITY

You expressly acknowledge and agree that Fujifilm NZ and other members of the Fujifilm group of companies and third parties connected to Fujifilm NZ shall not be liable for:

any direct, indirect, incidental, special, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fujifilm NZ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the MyFinePix Site or the MyFinePix Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the MyFinePix Site or the MyFinePix Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the MyFinePix Site or the MyFinePix Service; or (v) any other matter relating to the MyFinePix Site or the MyFinePix Service; and
any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The above does not affect Fujifilm NZ’s liability for death or personal injury arising from Fujifilm NZ’s negligence, or Fujifilm NZ’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyFinePix Site or the MyFinePix Service of these TOS must be filed within 1 year after such claim or cause of action arose.

23. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the MyFinePix Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the MyFinePix Site, the server on which the MyFinePix Site is stored or any server, computer or database connected to the MyFinePix Site. You must not attack the MyFinePix Site via a denial-of-service attack or a distributed denial-of service attack.

In the event of any breach of this clause 23, your right to use the MyFinePix Site and the MyFinePix Service will cease immediately.

Fujifilm NZ will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of MyFinePix Site or the MyFinePix Service or to your downloading of any material posted on the MyFinePix Site, or on any website linked to it.

24. NOTICE

Notices to you may be made via either email or regular mail. Our site may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the MyFinePix Site.

25. TRADEMARK INFORMATION

MyFinePix, the MyFinePix logo and product and service names are trademarks owned by Fujifilm NZ and its related companies. Without Fujifilm NZ's prior written permission, you agree not to display or use such marks, logos and/or branding.

26. COPYRIGHTS AND COPYRIGHT AGENTS

Fujifilm NZ respects the intellectual property of others, and Fujifilm NZ ask users of the MyFinePix Site and the MyFinePix Service to do the same. If you believe that any of your intellectual property rights have been infringed on the MyFinePix Site or in connection with the MyFinePix Service, please contact Fujifilm NZ to report the problem.

27. GENERAL INFORMATION

These TOS constitute the entire agreement between you and Fujifilm NZ and govern your use of the MyFinePix Site and the MyFinePix Service, superseding any prior agreements between you and Fujifilm NZ. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

These TOS and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand.

The New Zealand courts will have exclusive jurisdiction over any claim arising from, or related to, the MyFinePix Site or the MyFinePix Service, although Fujifilm NZ retain the right to bring proceedings against you for breach of these TOS in your country of residence or any other relevant country.

Any failure by Fujifilm NZ to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.

Neither you nor Fujifilm NZ may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that Fujifilm NZ shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its companies in its group.

The section titles in these TOS are for convenience only and have no legal or contractual effect.

You agree that your MyFinePix account is non-transferable.

Any MyFinePix account that has not been used for a certain period of time may be terminated and all Contents related to that account may be deleted in line with the Fujifilm NZ policy in force as at the current time.

28. BREACHES

Please report any breaches of these TOS by using the reporting function buttons displayed throughout the MyFinePix Site.

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