Terms of Use

PLEASE BE SURE TO READ THE FOLLOWING TERMS OF USE (HEREINAFTER REFERRED TO AS THE “Terms of Use”) BEFORE USING “Select&Go” APPLICATION (HEREINAFTER REFERRED TO AS THIS “App”) PROVIDED BY FUJIFILM Corporation (HEREINAFTER REFERRED TO AS THE “Company” OR “we”). YOU MAY USE THIS APP ONLY IF YOU AGREE TO THE TERMS OF USE.

Article 1. Scope of Terms of Use

The Terms of Use apply between you and us with respect to the use of this App and the Services set forth in Article 2.

Article 2. Services Description and Terms of Use

1. You can use print services (hereinafter referred to as the “Services”) by sending the image data selected by this App (hereinafter referred to as the “Image Data”) via Wi-Fi connection to the FUJIFILM in-store print ordering receiver software (hereinafter referred to as the “Order Receiver”) which supports this App.

2. Some Image Data formats might not be compatible with this App or the Order Receiver. Even a compatible data format may not be used with this App or the Order Receiver depending on the usage situation.

3. A finished image of the print can be checked with this App.

4. Depending on the image resolution of the camera or other device used for shooting, the image quality of a print varies. For the image to be printed, resolution of approximately 800,000 pixels (768 pixels x 1024 pixels) or higher is recommended.

Article 3. Handling of Personal Information

For handling of your personal information, including the Image Data sent to this App and the Order Receiver, please refer to the Privacy Policy.

Article 4. Your Responsibility

1. You shall use this App on your own responsibility in accordance with the Terms of Use and applicable laws and regulations.

2. If you are a minor, you will use this App with the consent of your parents or legal guardian.

3. Communication costs, etc. incurred when you use this App shall be borne by you. The use of this App made on your terminal shall be deemed to have been made by you.

Article 5. Prohibition

1. You may not transmit obscene images, violent images, and other Image Data contrary to public order and morals or the Image Data that infringes (or may infringe) the copyrights, trademark rights, portrait rights or other rights of the third parties to the Order Receiver through this App. We may refuse to provide the Services if the Image Data sent by you may fall under the categories described above.

2. You may not transmit any Image Data to the Order Receiver through this App for purposes of reproduction or other use (including commercial use) beyond the scope permitted by the applicable copyright acts. If you wish to use the Image Data beyond this range, please obtain permission from the copyright holder of the Image Data personally.

3. You may not export any or all of this App in violation of applicable export control laws and regulations.

4. In addition to the prohibited actions set forth in the preceding paragraphs, when using this App, you shall not:

Article 6. Our Responsibility

1. THIS APP IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WE DO NOT GIVE ANY WARRANTY OF ANY KIND, AS TO THE ACCURACY, SUFFICIENCY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHERS OF THIS APP.

2. WE MAKE NO WARRANTY AS TO WHETHER OR NOT THIS APP INFRINGES THE COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY INFRINGEMENT OF THE COPYRIGHTS, TRADEMARK RIGHTS, PORTRAIT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES ARISING FROM YOUR USE OF THIS APP.

3. WE DO NOT WARRANT IN ANY WAY THAT THE IMAGE DATA YOU USE IN THIS APP DOES NOT INFRINGE THE COPYRIGHTS, TRADEMARK RIGHTS, PORTRAIT RIGHTS OR OTHER RIGHTS OF THIRD PARTIES. IN ADDITION, WE WILL NOT BE RESPONSIBLE FOR ANY TROUBLE BETWEEN YOU AND THE COPYRIGHT HOLDER OF SUCH IMAGES, PROVIDERS OF STORAGE SERVICES OF THE IMAGES DOWNLOADED BY YOU (INCLUDING VARIOUS ONLINE STORAGE SERVICES THAT YOU USE THROUGH THIS APP), OR OTHER THIRD PARTIES.

4. UNEXPECTED ACCIDENTS, ETC. MAY DAMAGE THE IMAGE DATA READ BY THIS APP OR THE IMAGE DATA SENT TO THE ORDER RECEIVER THROUGH THIS APP. WE SHALL NOT BE LIABLE FOR SUCH CASES, OR ANY OTHER ACCIDENTS OR TROUBLES RELATED TO THE DOWNLOAD MADE BY YOU, INCLUDING, BUT NOT LIMITED TO, THOSE DUE TO NETWORK PROBLEMS, OR PROBLEMS WITH THE IMAGES DOWNLOADED BY YOU AND THEIR STORAGE LOCATION, ETC., UNLESS THERE ARE GROUNDS ATTRIBUTABLE TO US.

Article 7. Intellectual Property Rights

Except for rights relating to the information such as images taken or edited by you, any and all rights including copyright in relation to this App or the Services shall remain with us or any third party that has granted the license to us. We hereby grant to you a non-exclusive license to use this App and the Services to the extent set forth in the Terms of Use. You shall not reprint, duplicate, modify, distribute to public, or otherwise use beyond the scope of personal use this App or any information provided by the Services without our prior permission.

Article 8. Suspension, Change, Termination, Support, etc. of the Services etc.

1. We may suspend the provision of this App or the Services in all or in part without prior notice to you in the event that any of the following circumstances arises:

2. We may change the specifications of this App or the Services without prior notice to you.

3. We may terminate the provision of this App or the Services with at least one (1) month’s prior notice.

4. We shall not be liable for any inconvenience or damage to you caused by the suspension, change or termination of this App or the Services.

5. We will provide you with support services, including maintenance, to the extent we deem appropriate.

Article 9. Suspension of Your Use of the Services etc.

1. We may immediately terminate your use of this App or the Services without notice to or consent by you in the event of any breach of the Terms of Use, any interference with the operation of this App or the Services, request for cooperation made by public agency such as the judicial authority, police, etc. based on laws and regulations or any other urgency recognized by us.

2. We shall not be liable for any damage caused to you as a result of the termination set forth in the preceding paragraph, unless there are grounds attributable to us.

Article 10. Compensation and Indemnification

1. In the event that you cause any damage to us or any third party in connection with the use of this App or the Services due to any breach of the Terms of Use or any fraudulent or illegal act, you shall compensate for such damages (including attorney's fees).

2. In the event of a dispute between you and a third party in connection with the use of this App or the Services, you shall resolve the dispute at your expense and burden and shall not cause any damages to us.

3. EVEN IN THE CASE THERE ARE GROUNDS ATTIBUTABLE TO US, WE WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES AND LOST PROFITS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This shall not apply in cases there is intentional or gross negligence on the part of the Company.

Article 11. Amendment to Terms of Use

You shall recognize and agree that we may amend the Terms of Use at our sole discretion if we think it is necessary to do so. If we amend the Terms of Use, we will inform you of the amended Terms of Use and their effective date through this App before the amended Terms of Use take effect. The amended Terms of Use shall apply from the effective date designated by us.

Article 12. Notification

In addition to the notifications set forth in the preceding Article, notification to you from the Company shall be made on this App. Notifications will be deemed to have been given to you at the time they are sent to or post on this App.

Article 13. Special Provisions

If any special provisions, etc. different from those of the Terms of Use are set forth for individual products, etc. to be provided through the Services, such provisions, etc. shall prevail over the Terms of Use to the extent different from the Terms of Use, and you shall comply with the Terms of Use and such provisions, etc.

Article 14. Governing Law

The laws applicable to the Terms of Use shall be the laws of Japan unless they conflict with the applicable laws and regulations.

Article 15. Exclusive Jurisdiction

Tokyo District Court shall be the exclusive agreed jurisdiction court in the first instance for all disputes between us and you with respect to the Terms of Use or the use of this App or the Services, unless it is in conflict with any applicable law or regulation.