Terms of Service

OVERVIEW

This website (the “Site”) is operated by SVS Marketing. Throughout the site, the terms “we”, “us” and “our” refer to SVS Marketing. SVS Marketing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchase a product from us on this Site (the “Product(s)”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Please allow one (1) business day for processing. There shall be no shipping outside of Canada.

SECTION 1 – AUTHORIZED USERS

The Service may be used only by individuals residing in Canada who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. You must be the age of majority in your province or territory to open a Site account, purchase any Products and/or to enter any contests or sweepstakes promoted on this Site (unless otherwise specified in the applicable official contests and/or sweepstakes rules). 

The Service may not be used by individuals who have had their Site account terminated, nor may it be used by individuals in jurisdictions where the Service, or any part of it, may be illegal.  It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. 

SECTION 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws); you must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.  We reserve the right, but are not obligated, to limit the sales and/or availability of the Service and/or the provision of any service or Product described herein to any person, geographic area, and/or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or Product that we provide. We may exercise this right on a case-by-case basis.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - PRICING; AVAILABILITY; RESALE AND GIFTS; ADVERTISING & PROMOTIONS

Product pricing shall change from time to time, and such pricing changes may occur without notice.  The Product prices displayed on the Site do not include any delivery charges or applicable taxes. Delivery charges and applicable taxes will be provided to you on the checkout page prior to your placing an order.  If you order goods or services for which the price was incorrectly displayed at the time of your order, we will provide you with an opportunity to cancel your order.  If you order goods or services that are not available, we will notify you by e-mail. 

While we try to ensure we have sufficient quantities of raw materials to fulfill customer demand, we cannot guarantee that goods or services advertised on the Site will always be available when ordered or thereafter.  We and FCAN reserve the right to reject, correct, cancel or terminate any order in the event of a lack of availability.  We reserve the right to limit the quantities of any products or services that we offer.

You may only purchase Products for your personal use. You may not commercially resell any Product, but you may give the Product as a gift. These Terms and Conditions apply to any gift recipient.

The Site may display advertisements or promotional offers and/or prices in connection with the Products and Service.  The manner, mode and extent of the advertising or promotion will be determined by us and FUJIFILM Canada Inc. (“FCAN”) in our sole discretion, and is subject to change at any time without notice or liability to you or to any other person.

The promotions on the Site are invitations for purchase orders, and are not offers to sell.  Your properly-completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order.  Your order shall be deemed to be accepted only if and when the Site sends an order acceptance and shipping notice e-mail to your e-mail address. 

SECTION 4 - FEES, CHARGES AND TAXES; ORDER PROCESS 

All fees and charges will be at the rates in effect at the time the charges were incurred.  You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service and any use of the Service by any person using your user ID or password.  All amounts appearing on the Site are quoted in Canadian dollars.

When you place an order for a Product on the Site, you permit us to charge the credit card, debit card or other payment method that you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes).  If a credit card does not clear, the order is not generated. We do not hold credit card information (though such information may be held by our third party payment processor, Paypal, in accordance with its standard practices).  The purchase price and other applicable charges and taxes will be billed in advance of the delivery of goods and services.

Your submission of any payments for Products via this Site is subject to PayPal Terms of Service (the “PayPal User Agreement”). The PayPal User Agreement is available for your review hereIf you do not agree to the PayPal User Agreement, do not place an order on this site.

We reserve the right to reject your order. For example, we may reject your order if you are purchasing or shipping outside of Canada or if your order otherwise violates these Terms of Service.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Without limitation, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

When your order is accepted by us, we will send you an email which will include details of your order.  Please refer to your number should you have any follow-up queries.

SECTION 5 – PRODUCTS; RETURNS POLICY; LIMITED WARRANTIES

Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  Certain Products or services may be available exclusively online through the Site.  We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Product or service made on this site is void where prohibited.

Returns Policy: Orders may not be cancelled once submitted.  No returns, exchanges or refunds are permitted unless the Product has been mis-shipped or is defective. If you received a Product that has been mis-shipped or is defective through no fault of your own, you may be entitled to a refund or replacement of your Product if you contact us within thirty (30) days of your receipt of the defective and/or mis-shipped Product. For more information, please contact the FUJIFILM customer services department at: fcancustservice@fujifilm.com .  Nothing in this section affects your legal rights under applicable laws.

Limited Warranty for the Products.  We have all necessary rights and title to sell the Products to you.  Except for the forgoing warranties, and EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR WARRANTIES ARISING UNDER COURSE OF DEALING OR USAGE OF TRADE.  THE PRODUCTS, SERVICES AND ANY DOCUMENTATION PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS” BASIS. In addition, all warranties, if any, are subject to the warranty period, and any applicable exclusions, requirements and conditions. No warranty will be applicable in the event of your mishandling, misuse, abuse, neglect, lack of maintenance, or product alteration.  The replacement remedies outlined above constitute your exclusive remedies, and our sole obligation, if products are defective or non-conforming as of the time of delivery to you.

THESE WARRANTIES ARE SUBJECT TO ANY ADDITIONAL RIGHTS AND/OR LEGAL REMEDIES THAT MAY BE AVAILABLE TO YOU IN YOUR JURISDICTION (e.g., IN QUEBEC).  CHECK WITH YOUR JURISDICTION FOR FURTHER INFORMATION.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION:

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, nor have any control, nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Statement.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.  We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES RESPECTING THE SITE; LIMITATION OF LIABILITY

Limited Warranty Respecting the Site. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIMITATIONS ON LIABILITY:  NEITHER US, FCAN, NOR OUR SUCCESSORS, ASSIGNS, AFFILIATES, SUBCONTRACTORS SERVICE PROVIDERS NOR OUR RESPECTIVE AGENTS/MANDATARIES, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (collectively, the “FUJIFILM GROUP”) SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION, ANY LOSSES OR DAMAGES DUE TO LOSS OF PRODUCTION, LOSS OF INCOME, GOODWILL OR PROFITS (ANTICIPATED OR OTHERWISE), ERRORS OR OMISSIONS ON THE SITE,  LOSS OF MARKETS, ECONOMIC LOSS) ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SITE AND/OR THE PRODUCTS OR SERVICES BY YOU OR BY ANY OTHER PERSON, REGARDLESS OF THE NATURE OF THE CLAIM(S) ASSERTED (WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY) AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE FUJIFILM GROUP OR ITS SERVICE PROVIDERS OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS RESPONSIBLE, AND NOTWITHSTANDING THAT THE FUJIFILM GROUP OR ITS SERVICE PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

WITHOUT LIMITING THE FORGOING, IN NO EVENT SHALL THE FUJIFILM GROUP’S LIABILITY AND/ OR YOUR REMEDIES FROM THE FUJIFILM GROUP FOR ANY DAMAGES, CLAIMS OR DEMANDS STEMMING FROM YOUR USE OF THE SITE OR THE SERVICE EXCEED THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCT(S) TO WHICH YOUR CLAIM RELATES.

Because some provinces or other jurisdictions do not allow certain exclusion or limitations of liability (e.g., for consequential or incidental damages), in such provinces or jurisdictions (such as Quebec), our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - RELEASE AND INDEMNIFICATION; THIRD PARTY TRANSACTIONS: You hereby release, remise and forever discharge the FUJIFILM Group from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site or the Service.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE FUJIFILM GROUP HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE FUJIFILM GROUP IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH USE OF THE SITE OR SERVICE BY YOU OR ANYONE ACCESSING THE SITE OR SERVICE USING YOUR USER ID OR PASSWORD.  YOU AGREE THAT YOU WILL ASSIST AND COOPERATE AS FULLY AS IS REASONABLY REQUIRED BY THE FUJIFILM GROUP IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.  ADVICE AND INFORMATION PROVIDED BY THE FUJIFILM GROUP, OR THROUGH THE SITE OR SERVICE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION, OR VARY OR AMEND THESE TERMS AND CONDITIONS, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE, AND/OR INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

THROUGH YOUR USE OF THE SITE AND SERVICE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS.  ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK AND ARE SUBJECT TO SUCH OTHER PARTIES’ TERMS AND CONDITIONS AND PRIVACY POLICIES.  THE FUJIFILM GROUP AND THEIR SERVICE PROVIDERS (UNLESS A PARTICULAR SERVICE PROVIDERS EXPRESSLY AGREES OTHERWISE) ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforce-ability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services (e.g., by using the online submission form via the “Contact Us” portion of the Site), or when you cease using our site. Upon receipt of your termination notice, the Site will terminate your account, and you will no longer have access as a registered user.  If you cease to be an active user of the Site and/or Service, we will continue to treat any personal information you have provided to us in connection with the Site in accordance with our Privacy Statement.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may: : (i) suspend or terminate (in whole or in part) your authorization to use the Service and any account you may have; (ii) suspend or terminate and permanently delete any user ID, password, URL, IP address or domain name; and/or (iv) bar you from any future use of the Service; in each case, at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - CONTESTS, DRAWINGS & SWEEPSTAKES 

From time to time, the Site may post or link to contests, sweepstakes or other promotions available to some users of the Service.  All contests are governed by these Terms of Service, unless otherwise specified, and the applicable official contest and/or sweepstakes rules (the “Rules”).  By participating in a contest and/or sweepstakes posted or promoted through the Site, you signify your agreement and acceptance of these Terms of Service and the applicable Rules.

SECTION 18 – PRIVACY; PASSWORDS 

Please refer to our Privacy Statement and the PayPal Privacy Policy for more information on how we and our payment processor collect, use and share the information that we receive from you.  If you do not agree to the PayPal Privacy Policy, do not place an order on this Website.  We, in our sole discretion, may amend the Privacy Statement from time to time.  Each time that you use the Service, you consent to our collection, use and disclosure of your personal information in accordance with the then-current Privacy Statement without any further notice or any liability to you or to any other person.

You agree that, in order to process your order, we may provide your order information to third parties to assist in fulfilling or delivering your order as further described in the Privacy Statement.  Your personal information may be processed outside of the country and, as such, may be provided to regulatory parties in that applicable jurisdiction in accordance with that jurisdiction's laws.

ACCOUNT PASSWORDS:  Some areas, features or services of the Site may require you to register with the Site.  When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to update your information (including your e-mail address) so as to keep it accurate, current, and complete.

As part of the registration process, you will be asked to select a unique user ID and password.  We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.  For security reasons, user IDs and passwords should be non-obvious, hard-to-guess, and confidential, and changed on a regular basis, and members must log-out at the end of each session.  You will be responsible for the confidentiality and use of your user ID and password, and you agree not to disclose your user ID or password to the Site to any third party.  You must immediately notify the Site of any unauthorized disclosure or use of your user ID or password or album passwords that you may have provided to other persons, or if you know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID AND PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

All user IDs and passwords remain the property of the Site, and may be cancelled or suspended at any time by us or FCAN without any prior notice or any liability to you or to any other person.  We is not under any obligation to verify the actual identity or authority of the user of any user ID or password.  If we in our sole discretion consider a password to be insecure, then we may cancel the password.

You must respond promptly to all e-mail and other correspondence from us and/or FCAN, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of the Service and the use of your account.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE AND CAN BE CIRCUMVENTED.  YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.   Please refer to our Privacy Statement for additional information regarding the above.

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted or linked to by us on this site or in respect to The Service (including, without limitation, any Rules) constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW; DISPUTE RESOLUTION

These Terms and Conditions, your use of the Service, all transactions through the Service, and all related matters are governed solely by the laws of the Province of Ontario, Canada, and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws.

Any dispute between us and you or any other person arising from, in connection with or relating to the Service, these Terms and Conditions, any transaction through the Service or any related matters must be resolved before the Courts of the Province of Ontario, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the provincial and federal courts located there.

SECTION 21 - CHANGES TO TERMS OF SERVICE AND PRICING; SUSPENSION OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service without notice at any time by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 22 - CONTACT INFORMATION; MISCELLANEOUS

Questions about the Terms of Service should be sent to us at info@myfujifilm.ca. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions 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.

The disclaimers, limitations on liability, release, and indemnity provisions in these Terms and Conditions survive the termination of these Terms and Conditions.

The provisions of these Terms and Conditions 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. 

 

 

 

 

 

 

 

 

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