Welcome to the www.myfinepix.com.au website (“Service”) provided to you by FUJIFILM Australia Pty Ltd, ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia (“FUJIFILM Australia”).

By registering as a member of the Service, or, accessing or using this Service, you agree to be bound by:

1. the Terms and Conditions which are set out below; and
2. FUJIFILM Australia’s Privacy Policy, a copy of which is available here and which is incorporated here by reference.

These documents constitute the entire agreement between us with respect to the use of this Service and the uploading and submission by you of Images and Content to this Service.

These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically.

Please read these Terms and Conditions carefully.  You must comply with these Terms and Conditions to access or use this Service.  By accessing or using this Service, you accept these Terms and Conditions and agree to be legally bound and subject to them.  Acceptance of the Terms and Conditions creates a binding legal agreement between you and FUJIFILM Australia that you will comply with the Terms and Conditions and use this Service only in a manner consistent with these Terms and Conditions.  If you do not agree with these Terms and Conditions, do not access this Service or use any of its services.

1. Becoming a Member

You will become a member of the Service if:

1. you have completed the registration of your new Fujifilm FinePix digital camera warranty and chosen to become a member of the Service by logging in to the Service; or
2. you are the current owner of a Fujifilm FinePix digital camera and you choose to become a member of the Service by completing a member registration on the Service.

To register, you must enter your full name, street address, contact phone number, your email address (which must be a genuine email address), your chosen password, camera model and serial number. In addition you must also provide date and place of purchase details if you are registering your new Fujifilm FinePix digital camera warranty. Your registration as a member of the Service will be complete once you receive from us confirmation by email of your membership. Once you are a member of the Service you may use all of the photo services described on this Service for members. We only permit one membership for each genuine email address.  Your email address will be used for sending you all notices.

2. Your Password and Account

1. You are responsible for maintaining the confidentiality of your password and account details. You are solely responsible for the activity which occurs on your account. You must notify FUJIFILM Australia immediately of any breach of security or any unauthorised use of your account. FUJIFILM Australia will not be liable for your losses caused by any unauthorised use of your account unless FUJIFILM Australia is at fault (in which case clause 9 applies). However, you may be liable for the losses of FUJIFILM Australia or others due to such unauthorised use.
2. If you have forgotten your password you may click the link on the home page and we will email your password to you. We will keep you informed of the status of your account during your membership via your email.

3. Termination of Membership

FUJIFILM Australia reserves the right to terminate your membership by notice as stated in these Terms and Conditions. FUJIFILM Australia also reserves the right to terminate by notice the membership of any member who breaches any of these Terms and Conditions and does not comply with FUJIFILM Australia’s reasonable direction to remedy the breach. We will give a member at least 2 days’ notice that we are terminating that member’s membership. 

You may terminate your membership at any time by selecting the unsubscribe function. 

If your membership is terminated, you will no longer be able to access the Service and FUJIFILM Australia may at its discretion remove your materials from the Service.  You are responsible for obtaining any copies of your materials before termination takes effect.  We are not responsible for any loss of data resulting from removal of or deletion of materials.

4. Children Not to Submit Images

1. FUJIFILM Australia is particularly concerned to preserve and protect the privacy of children and their personal information.
2. If you are under the age of 13 years you must not apply to become a member of the Service.  Please do not attempt to submit any photos or other information about yourself to us (such as your name, address, telephone number or email address).
3. If you are aged from 13 to 16, you should obtain permission from your parents or guardians before sending any photos or other information about yourself to us.

We reserve the right to terminate your membership for breach on at least 2 days’ notice to you if you do not comply with this clause 4.

5. Your Copyright

1. Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs.  You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to this Service.  We reserve the right to terminate your membership for breach on at least 2 days' notice to you if this representation and warranty is incorrect.
   
   We claim no ownership rights in any images or photographs submitted by you to the Service.  Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service, you grant to FUJIFILM Australia a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute any images or photographs submitted by you to this Service in such manner as we consider reasonably necessary solely for the purpose of providing the Service.
2. You agree that FUJIFILM Australia has no control over the use of your images or photographs by third parties and shall not be held liable for any use, publication or copying of your images and photographs by any such third parties.  You agree that you will not take any legal action or make any claim against FUJIFILM Australia in respect of any such use, publication or copying by third parties.
3. Copyright Claims:  FUJIFILM Australia respects the intellectual property rights of others.  If we receive a written complaint alleging copyright infringement by a member of this Service, we will refer the complaint to the member concerned.  It is the member's responsibility to resolve any such complaint.  If FUJIFILM Australia does not, within seven (7) days of the date on which the matter was referred to the member (the "Referral Date") receive advice in writing from the person making the complaint, that the complaint has been satisfactorily resolved, FUJIFILM Australia reserves the right, in its absolute discretion, on at least two (2) days’ notice to the member to suspend the membership of the member who allegedly infringed copyright until such time as the matter is resolved.  If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate for breach on at least two (2) days’ notice to you the membership of the member who allegedly infringed copyright.

6. Intellectual Property Rights

1. Any trademarks, trade names or logos displayed on this Service are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.
2. You should assume that all of the content that appears on this Service or which is made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.
3. We reserve the right to terminate your membership for breach on at least 2 days' notice to you if you breach this clause 6.

7. Altering Terms and Conditions

1. FUJIFILM Australia reserves the right to change these Terms and Conditions at any time.
2. Notice of changes to these Terms and Conditions and their effective date will be published on our website www.myfinepix.com.au. We recommend you check the website for changes each time you use the Service. If you do not agree with a change to these Terms and Conditions you may terminate your membership as set out in clause 3.
3. The changed Terms and Conditions will apply to the Service from the effective date of the change.
4. FUJIFILM Australia is not responsible for any costs incurred by a Member or user of this Service as a consequence of these Terms and Conditions changing.  Should FUJIFILM Australia choose to provide you with notice of changes to these Terms and Conditions, you agree to receive email notification of the changes from FUJIFILM Australia.   FUJIFILM Australia does not promise that it will provide you with email notice of any change. 

8. Materials and Content Not Permitted on this Service

1. Any image or photograph or other material or content (“Content”) submitted by you to this Service is subject to our review.
2. We reserve the right at our sole and absolute discretion to refuse to display and to remove Content from this Service if that Content is deemed to be objectionable by us or considered by us to be contrary to applicable laws.
3. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment any Content is in violation of applicable laws.
4. Without limiting the above in any way, you are not permitted to post, upload, email or transmit to the Service any Content which:-
   • is, or we believe is, offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years;
   • is illegal under any law or regulation at any place where Content is posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;
   • is Content or material that is copyrighted or used without the express permission of the owner or which infringes the intellectual property rights of any person; or,
   • in our opinion reflects badly on the Service.
5. You are not permitted to use the Service:-
   • to engage in any activities in such a manner as to expose FUJIFILM Australia or any other third person who is involved in making the Service available to you, to liability or adversely affecting the name, reputation or business or FUJIFILM Australia or any such third person;
   • to do any act that may damage or interfere with the Service network or systems or cause the quality of the Service to be impaired; or,
   • to commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of the Service to be impaired.
6. We reserve the right to terminate your membership for breach on at least 2 days' notice to you if you:
   • submit to the Service any image or photograph that we deem to be to be objectionable or contrary to applicable laws; or
   • use the Service in a manner not permitted by this clause 8.

9. Our Liability to you

1. Clause 9 is not intended to exclude or limit any rights or remedies applying to supply of the Service which you may have under the Commonwealth Trade Practices Act or equivalent State Laws.
2. Subject to clause 9(c) of these Terms and Conditions, the Service provided by us is provided “as is” and no warranties are given by us except to the extent expressly set out in these Terms and Conditions.
3. Your access of or use of the Service is at your own risk.  You should take appropriate steps to back-up materials submitted by you to the Service and to protect your computer against any damage that could result from your access to or use of the Service. The Service and the uploading of Content to the Service, by use of the Service may not be error free or uninterrupted.  We do not give any commitment in relation to the security, reliability, timeliness and performance of the Service and any of those other functions.  To the extent permitted by law, neither we nor any other person involved in the creation, provision or maintenance of the Service shall be responsible for interruption of the Service, linkage to any third party sites, damage to your computer, damage to other property or loss of Content or other data resulting from your access to or use of this Service.
4. If due to negligence or other fault on our part:
   • loss, damage or mishandling of your digital image or other Content occurs; or
   • unauthorised access is gained or misuse is made of an image or other Content by any third party,
   • our liability will be limited to uploading that image or other Content to the Service again.
   To the extent permitted by law, this is your only remedy for any loss, damage or mishandling.
5. Except as expressly provided these Terms and Conditions and to the fullest extent allowed by the law, neither we, nor any other person involved in the creation, provision or maintenance of the Service will be liable for loss or damage of any kind arising out of your access to or use of this Service or the uploading of images or other Content by you.

10. Your liability to us

1. You agree to pay to us the amount of any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to solicitors costs) we incur arising from:
   • your breach of any term of these Terms and Conditions;
   • your breach of any third party right, including without limitation any copyright, property, or privacy right or privacy law; or
   • any claim that any of your images or any Content submitted to the Service caused damage to a third party.
   Your obligation to pay us under this clause will survive these Terms and Conditions, termination of your membership and your use of the Service. 
   1.  
      1. The privacy of your personal information is important to us.  Please view FUJIFILM Australia’s Privacy Policy -  FUJIFILM Australia and Your Right to Privacy, on this Service.  Should you have any questions concerning privacy, please see FUJIFILM Australia’s Privacy Policy or contact the FUJIFILM Australia Privacy Officer at + 612 9466 2600 or email at privacy@fujifilm.com.au.
      2. FUJIFILM Australia and any other agent or contractor who assists in the creation, provision or maintenance of the Service may collect your personal information, including your name, address, phone number and email address.
      3. FUJIFILM Australia and any other agent or contractor referred to above, will use this information to provide the service requested by you and create and maintain your account.  FUJIFILM Australia and any other agent or contractor referred to above may use this information to provide you with information on your account.  FUJIFILM Australia may also send you promotional information and/or special offers about products and services that FUJIFILM Australia thinks may be of interest to you, unless you indicate that you do not wish to receive such promotional information.

   11. Privacy

   Photo Storage

   The Service’s photo storage facility is known as My Photo Storage.

   When you become a member of this Service you receive free storage for your photos.

   FUJIFILM Australia is not responsible for any loss of data resulting from removal and/or deletion of materials.

   13. Governing Law

   These Terms and Conditions shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia.

   14. Severability

   If any court of competent jurisdiction finds any provision or part thereof of these Terms and Conditions to be illegal, invalid or unenforceable that provision or part thereof shall be severed from these Terms and Conditions and the remaining terms and provisions of these Terms and Conditions shall remain in force and constitute the agreement between us.

   15. Waiver

   The failure by us to enforce any right or provision of these Terms and Conditions will not restrict us from enforcing it now or in the future.

   16. Definitions

   In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-

   “Business Day” means any day other than a Saturday, Sunday or public holiday in the State of New South Wales, Australia; and,

   “we”, “our” or “us” means FUJIFILM Australia, its directors, officers and employees and any agents or contractors of FUJIFILM Australia who are engaged in the creation, provision or maintenance of the Service.