**TERMS AND CONDITIONS OF WEBSITE USE** **Last Updated:** April \[\_\], 2026 Please read these terms and conditions of website use between you and FUJIFILM North America Corporation (“FUJIFILM,” “we” or “us”) carefully. These terms and conditions of website use (the “Terms of Use”), along with our privacy statement (the “Privacy Statement”), our Acceptable Use Policy (the “AUP”), and our Terms of Sale policy (the “Terms of Sale”), collectively constitute the “Agreement” between us respecting your use of this FUJIFILM managed print store website (the “Site”) and our provision of the Site, including your ability to purchase Products (as defined below) thereon (the “Service(s)”). For clarity, the “Site” includes both the Print Store website on a standalone basis and as accessed through the Google Photos website or mobile application. The Services are provided by FUJIFILM or its affiliates, licensors, vendors, suppliers or service providers (collectively, along with FUJIFILM, the “FUJIFILM Parties”). The FUJIFILM Parties shall only provide the Services: (i) in the “Approved Countries” listed at the bottom of these Terms of Use and (ii) for residents of such Approved Countries. Any attempts to circumvent this restriction, by accessing the Services outside of an Approved Country or otherwise, shall be null and void. Without limitation of any of FUJIFILM’s rights and remedies at law or in equity, if you attempt to circumvent this restriction or otherwise access the Services from locations outside an Approved Country, such conduct is at your own risk and subject to the laws of the United States of America, and you are responsible for compliance with any local laws. Without limitation of the foregoing, you may not use or export any content on the Site, including data, photographs, videos and images, graphics, layout and design, website code, animation, icons, software, and other elements (such content as it exists from time to time, collectively, “Content”) from the Services in violation of export laws or regulations of any Approved Country or these Terms of Use. 1. **YOUR ACCEPTANCE OF THESE TERMS:** **Each time that you access or use the Site or any Service, you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement and all applicable laws and you represent and warrant that you have the legal authority to agree to and accept the Agreement on behalf of yourself and any person you represent. IF YOU (a) DO NOT AGREE WITH EACH PROVISION OF THE AGREEMENT, (b) ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THE AGREEMENT, OR (c) DO NOT HAVE THE LEGAL AUTHORITY TO AGREE TO AND ACCEPT THE AGREEMENT, THEN YOU MAY NOT USE THE SERVICE. Your use of the Services confirms your intention to be bound by these Terms of Use, as in effect at the time of each use.** **These Terms of Use include an arbitration agreement, which will govern any dispute between you and us. Unless you opt out as described below, that arbitration agreement will (a) eliminate your right to a trial by jury; and (b) substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings. These Terms of Use also include a limitation of liability, which means that our liability to you will be limited to the maximum extent stated herein. Please review these Terms of Use carefully.** 2. **CHANGES TO THE AGREEMENT:** You may not alter, supplement, or amend the Agreement in any manner. FUJIFILM may, in its sole discretion, alter, supplement or amend the Agreement from time to time as it relates to your future access or use of the Service, for any reason, and without any prior notice to you or any other person. If we alter, supplement or amend the Agreement we will post the new version to our Site, and the new version will become effective upon posting. We will indicate the last date that the Agreement was updated at the top of the applicable document that was modified. Your access to and/or use of the Site or any Service following a change to the Agreement will constitute your acceptance of the change, so we encourage you to regularly return to the applicable pages on the Site to review any changes to the Agreement. If you do not agree to a change, you should not use, and must cease all use of, the Site and all Services. 3. **THIRD PARTY SITES:** These Terms of Use do not apply to any website or mobile application owned or operated by a retailer, supplier or service provider that FUJIFILM does not own or control (each such entity a “Third-Party” and each such website or mobile application a “Third-Party Site”), even if this Site links to that Third-Party Site, such Third-Party links to this Site or another website owned by FUJIFILM, or you otherwise arrived at this Site through a Third-Party Site. Third-Party Sites may include, but shall not be limited to, those of: (a) Google LLC and its affiliates (“Google”), including the Google Photos website or mobile application, and (b) our payment processing vendors. These Terms of Use do not apply to the practices of any Third-Party or Third-Party Site. **Third-Party Sites may have separate terms and conditions governing your use of such Third-Party Site and/or the applicable Third-Party products or services available through said Third-Party Site and you shall be subject to those terms and conditions at all times when using such Third-Party Site, products and/or services.** You acknowledge that FUJIFILM does not control such Third-Party Sites and is not responsible for any content, services, products, or practices of Third- Parties. 4. **AUTHORIZED USERS:** The Service may be used only by individuals resident in an Authorized Country; only by individuals who have reached the age of majority or legal age in their jurisdictions; and only by those who can form legally binding contracts under applicable law. You must be at least 18 years (or the applicable age of majority in your jurisdiction, if higher than 18 years) to purchase or use the Service. The Service may not be used by individuals who have had their access terminated, nor may it be used by individuals in jurisdictions where the Service, or any part of it, is unavailable or 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. FUJIFILM reserves the right to limit the availability of the Site and Service and/or the provision of any service, feature, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of the Service and/or any such service, feature, or other product that FUJIFILM provides. VOID WHERE PROHIBITED. 5. **USER ACCOUNTS:** Certain sections of the Site have the functionality for you to create an account. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All activities on your account, including all content purchased and payments authorized through your account, are your sole responsibility. 6. **OWNERSHIP AND USE OF THE SITE AND CONTENT** The Service and the Content are owned or licensed by FUJIFILM. The Service and all of the Content are protected by domestic and international copyright, trademark, and other laws. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. All rights not expressly granted are reserved. Subject to your compliance with the Agreement, including these Terms of Use and the AUP, FUJIFILM hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Services (and Content) for personal, non-commercial, household use only in accordance with these Terms of Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Services or the Content is strictly prohibited. The Content is for general information purposes only. FUJIFILM makes no representations as to accuracy, relevancy, recency, or otherwise, and gives no warranties of any kind with respect to the Content. The testimonials and endorsements provided on the Site are for informational purposes only, should not be relied upon as advice, and should not be interpreted as claiming the results achieved by the user will be achieved by all users. Opinions expressed by an endorser on the Site or any Products are solely their opinion and do not reflect the opinions or views of any FUJIFILM Party. The testimonials and endorsements provided on the Site may be from individuals who were compensated and/or received remuneration in exchange for their participation. 7. **ADDITIONAL TERMS:** Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use and will control over the body of these Terms of Use with respect to the subject matter thereof in the event of conflict. 1. **GOOGLE PHOTOS:** FUJIFILM offers the Site in collaboration with Google. In order to use the Site and the Services, you will need to maintain a Google Photos account in good standing with Google. Your use of Google Photos, and any other Google products, is subject to Google’s applicable terms of use. Any violation by you of Google’s applicable terms will also be considered a violation of these Terms of Use, in which case we reserve the right to suspend or terminate your access to and use of the Site and/or the associated Services. 8. **PURCHASE OF PRODUCTS:** You may be able to purchase certain products and services (collectively, “Products”) through the Site and the Services. The terms governing your purchase of Products, including ordering, returns and refunds, and Product warranties are set forth in our Terms of Sale, which will prevail over these Terms of Use in the event of conflict with respect to any topics regarding Products. This Site is intended for use by individuals to purchase Products for their household use. If you are an employee or contractor desiring to make a purchase of Products on behalf of a company, government organization or other entity, please contact FUJIFILM using the contact information in Section [21](#_Ref227070856) (Contact Us). We reserve the right to refuse or reject any orders for Products which we believe, in our sole discretion, are being made on a commercial and/or bulk basis. 9. **USER MATERIALS AND USER IMAGES:** The Site and the Services include the ability for you, or others acting on your behalf, to submit data, materials and information, including your name and email address, to the FUJIFILM Parties (collectively, “User Materials”). User Materials may include, but are not limited to, text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, content, works of authorship, documents, data, questions, comments, suggestions, or other content, any of which may include personal information. “User Images” means those User Materials constituting images that you upload or otherwise provide for use with our Products. You are responsible for your User Materials, including for ensuring that your User Materials are true, accurate, current and complete. Because FUJIFILM will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, FUJIFILM or others may incur as a result of your submission of any false, incorrect or incomplete User Materials. This means that you, not FUJIFILM, are entirely responsible for all User Materials that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. Under no circumstances will we be liable in any way for any User Materials. If any part of your User Materials is not your original work, you acknowledge and agree that it is your sole and exclusive responsibility to obtain any necessary consents, permissions, and licenses to post, upload, submit, publish, display, or transmit it, including in the case of User Images as necessary for us to provide the Services and the Products you order through the Services. You represent and warrant to us that (a) you either own or have written permission from the copyright (and other intellectual property right, such as so-called moral rights and trademark) owner of all User Images to make such User Images available to us and to permit us to use the User Images as described in these Terms of Use, (b) your User Materials are true, accurate, current and complete, (c) your User Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, moral rights, trademark, trade secret right or other intellectual property or other proprietary right of any third-party, and (d) you have reached the age of majority in your jurisdiction and you have read and understood—and your User Materials fully complies with—these Terms of Use, including the AUP, and applicable laws and will not cause injury to any person or entity. Nothing in these Terms of Use is intended, or shall be construed to, prevent you from posting reviews based on your opinions or experiences with our products or the Services. FUJIFILM is not obligated to post, keep, or use your User Materials. As between you and us, you own the copyright and other intellectual property rights in User Materials, but we may use them as described in these Terms of Use. We do not claim any copyrights in User Materials. However, by using the Services you acknowledge and agree that you grant us, the FUJIFILM Parties, and our and their successors and assigns, the following rights: - For User Materials (Other than User Images): an unlimited, nonexclusive, paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, copy, modify, adapt distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, commercialize and otherwise exploit for any purpose the User Materials (other than User Images), in whole or in part, in any and all media or form of communication whether now existing or hereafter developed, and you hereby waive any and all moral rights you now or may in the future have in and to such User Materials (other than User Images). For clarity and without limiting the foregoing, FUJIFILM has no obligation to (a) obtain any additional consent from you in connection with its use or other exploitation of any of your User Materials (other than User Images); (b) to notify you in connection with the use or exploitation of the User Materials (other than User Images); and/or (c) compensate you in any way in connection with the use or exploitation of the User Materials (other than User Images). - For User Images: an unlimited, nonexclusive, paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, copy, modify, adapt distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, commercialize and otherwise exploit your User Images for the following purposes: (a) providing Products and the Services to you or your designees, including associated customer support; (b) demonstrating how your User Images would appear in a Product; and (c) improving our products, including Products, and Services (e.g., customer support, technical support and/or vendor fulfillment). You understand and agree that User Images will not be publicly available, but will be accessible to, and processed by the FUJIFILM Parties for production and fulfilment of orders. We may disclose and/or remove User Materials. FUJIFILM has the right (but does not assume the obligation) to: - monitor the Services and all User Materials; - require that you avoid certain subjects; - remove, delete, or block any User Materials at any time without notice at our sole and absolute discretion; - refuse to create or provide products or services which incorporate User Materials; - disclose any User Materials and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of FUJIFILM or others, or to enforce these Terms of Use of Use; and - terminate your access to and use of the Services, or to modify, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of User Materials you post, and that you will retain ownership thereof as described above. You should not use the Site as a storage system for your User Materials, including User Images. It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available any User Materials that violate the AUP. 10. **USER FEEDBACK AND PRODUCT REVIEWS:** Although we do not claim ownership of User Materials you post using the Services, any Content you post on or through the Services or otherwise provide to us that is specifically about how we can improve the Services and the products and services we make available through the Services (“Feedback”) will be and will remain our exclusive property. To the extent that the ownership of the Feedback does not by operation of law vest in FUJIFILM, you agree to irrevocably and unconditionally assign, transfer and convey to FUJIFILM, and do hereby assign, transfer, and convey, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execute will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of FUJIFILM any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback. We will be entitled to reduce to practice, exploit, make, have made, offer for sale, sell, import, use, copy, disclose, display or perform publicly, distribute, create derivative works of, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us. 11. **DMCA PROCEDURE (UNITED STATES):** FUJIFILM respects the intellectual property rights of others and does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing, or if we become aware of circumstances from which infringing activity is apparent. If you live in the United States and you believe that your work has been copied in a way that constitutes copyright infringement by any Content or User Material on the Site, please provide the following information in writing to (see 17 U.S.C. Section 512(c) for further guidance): - Identification of the copyrighted work(s) that you claim has been infringed; - Identification of where the Content or User Material that you claim to be infringing is located on the Site; - A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use; - A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed; - Your address, telephone number, and e-mail address; and - Your physical or electronic signature. FUJIFILM’s designated agent can be reached at: . We prefer email correspondence, but we also can be reached at our physical address: FUJIFILM Holdings America Corporation, Attn: IP Legal Department, 200 Summit Lake Drive, Valhalla, NY 10595 or by phone at: (914) 789-7922. Similarly, if you believe any of your trademarks or service marks have been infringed, or if you believe that your image has been used without your consent, please notify FUJIFILM’s designated agent. If you believe that any User Materials that you or your agent posted, uploaded or submitted to the website were improperly removed, please provide the following information in writing to : - Identification of the User Material that has been removed or to which access has been disabled and the location at which the User Material appeared before it was removed or access was disabled; - A statement under penalty of perjury that you have a good faith belief that the User Material was removed or disabled because of mistake or misidentification of the User Material to be removed or disabled; - Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement; - Your physical or electronic signature. 12. **TERMINATION OF THE AGREEMENT AND LIMITING ACCESS TO THE SERVICE:** If you breach any provision of the Agreement, then you may no longer use the Service. You may terminate the Agreement (and, hence, your use of the Service) at any time by ceasing to access the Site. 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, as amended from time to time. FUJIFILM may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without any notice to you or to any other person. FUJIFILM may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) your access to the Site or Service (ii) restrict access to the Content and/or the User Materials; and/or (iii) bar you from any future use of the Service; upon notice to you. If the Agreement is terminated by you or by FUJIFILM for any reason, then the Agreement will continue to apply and be binding upon you regarding your prior use of the Service, including payment of any charges accrued in connection with use of the Service or the purchase of any Products. 13. **DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY:** FUJIFILM strives to make your use of the Service a useful and enjoyable experience. Nevertheless, the FUJIFILM Parties, do not accept any liability for your use of the Service, and you understand and agree that you assume all risk of the use of the Site and the Service. For that reason, the following provisions apply to your use of the Site and Service. Additional provisions in the Terms of Sale address any Products you may purchase through the Site, which will control over this Section in the event of conflict. 1. **DISCLAIMER**: Your use of the Site and Service, including any Content obtained or provided through the Site and Service, is at your own risk. The Site is neither designed nor intended to be used as a disaster recovery facility or as a data storage facility. You should keep your own backup copies of all Content and User Materials that you may use, or allow others to use, in connection with the Service. Please use discretion when using the Site and the Service. Use of the Service requires a compatible computing device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. You are solely responsible for provisioning, configuring and maintaining all devices, equipment and software that you may use or allow others to use in connection with accessing the Site or the Service. Because use of the Service involves hardware, software, and internet access, your ability to use the Service may be affected by the performance of these factors. You agree that such requirements are your responsibility. You are solely responsible for, and bear all risks and liabilities associated with your use of the Service. You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to: use of the Service by you; your breach of the Agreement; your violation or infringement of the rights of other persons; or your violation of any applicable civil and/or criminal law. You are solely responsible for the manner in which the Content and User Materials that you upload or use in connection with the Service, are used. The FUJIFILM Parties disclaim any and all responsibility and liability regarding all such matters. The operation of the Service may be affected by numerous factors beyond FUJIFILM’s control. The operation of the Site may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated. FUJIFILM is under no obligation to verify the identity of users of the Service. You may find some of the content on the Site to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the Site and Service. The FUJIFILM Parties are not liable to you or to any other person for any loss or damage arising from or related to any misprints or errors on the Site, including the unavailability of any Product, any delay in the availability of Products, or any changes relating to the Products. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE FUJIFILM PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUJIFILM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND REGARDING ANY AUTOMATED TOOLS, SUCH AS DIGITAL “CHATBOTS”, THAT FUJIFILM USES TO PROVIDE THE SERVICE, WHICH MAY NOT PRESENT ACCURATE INFORMATION IN ALL CASES. YOU SHOULD NOT RELY ON RESPONSES PROVIDED BY AUTOMATED TOOLS AND SHOULD ALWAYS VERIFY ANY RESPONSE PROVIDED BY AN AUTOMATED TOOL WITH A HUMAN CUSTOMER SUPPORT REPRESENTATIVE. Without limiting the generality of the foregoing, the FUJIFILM Parties do not make any representation, warranty or condition that: - The Site or Service will meet any requirements or be compatible with your computer, peripherals, and related equipment, photographic equipment or software; - The Site or Service will be available or will function without interruption or will be free of errors or that any errors will be corrected; - The Site or Service, the information obtained through the Site or Service, or any results that may be obtained through the use of such or such information will be accurate, complete, reliable, timely, or authentic; - FUJIFILM will monitor the Site or any component thereof; - The quality of any goods, services, information or other materials purchased or obtained through the Service (including Products) will meet your expectations; - The use of the Service will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs; - The use of the Service will not infringe the intellectual property or other rights of any person; - The Content you may use in connection with the Service will not be misused by any other person. FUJIFILM disclaims any and all liability regarding such matters to the fullest extent permitted by applicable law. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS. 1. **LIABILITY EXCLUSION:** THE FUJIFILM PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME, GOODWILL OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, LOST OPPORTUNITY, DAMAGE TO REPUTATION OR GOODWILL, OR SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SITE OR SERVICE BY YOU OR BY ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE FUJIFILM PARTIES OR ANY OTHER PERSON FOR WHOM FUJIFILM MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT FUJIFILM OR ANY OF THE FOREGOING PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. 2. **LIABILITY LIMITATION:** WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL THE FUJIFILM PARTIES EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY. REGARDLESS OF ANY CLAIMS OF NEGLIGENCE OR OTHER FAULT OR WRONGDOING IN EXCESS OF, AND THE ENTIRE LIABILITY OF THE FUJIFILM PARTIES, AND YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES, CLAIMS OR DEMANDS STEMMING FROM YOUR USE OF THE SITE OR SERVICE, SHALL NOT EXCEED, \$100.00 USD. 3. **Release:** You hereby release, remise and forever discharge the FUJIFILM Parties and their respective agents, directors, officers, and employees, and all other related, associated, or connected persons 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 and/or Service. 14. **INDEMNITY:** You agree to indemnify, defend and hold the FUJIFILM Parties and their respective agents, directors, officers, and employees and all other related, associated, or connected persons (collectively, the “indemnified parties”) harmless from and against any and all damages, losses, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with the Content or use of the Site and Service by you. You agree that you will assist and cooperate as fully as is reasonably required by the indemnified parties in the defense of any such claim or demand. Advice and information provided by FUJIFILM or its representatives, or through the Service, whether oral or written, will not create any representation, warranty or condition, or vary or amend the Agreement, including the above disclaimers, liability exclusions, liability limitations, release, and/or indemnity provisions, and you may not rely upon any such advice or information. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in the Agreement survive the termination of the Agreement. 15. **FUJIFILM MARKS AND THIRD PARTY MARKS:** The FUJIFILM name and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of FUJIFILM (the “FUJIFILM Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the FUJIFILM Marks or any Third-Party marks in any manner without prior written permission. 16. **ADVERTISEMENTS OR PROMOTIONS:** The Site may display advertisements or promotions, including on the pages that request information from you. The manner, mode and extent of the advertising or promotion will be determined by FUJIFILM in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person. 17. **LINKING TO AND FRAMING THE SITE:** The framing of the Site or any of its Content in any form and by any method is strictly prohibited. You may not create links to or from commercial sites, to or from the Site. Also, you may not use the FUJIFILM name or any of the Marks or otherwise indicate, suggest or imply that FUJIFILM endorses you. Any links to the Site or its Content without the express permission of FUJIFILM are strictly prohibited. 18. **COMMUNICATION** **PREFERENCES:** You can make choices about how your information is used and **change your selection at any time in your account or by contacting us directly at the Customer Support contact information listed in Section [21](#_Ref227070856) (Contact Us) below**. Also, when you are asked to provide your information, you may decline. However, please note that if you choose to decline, you may not be able to use some of our Services or purchase certain Products. - **Marketing Emails:** Depending on where you live, you may be automatically subscribed to or need to actively opt-in to receiving marketing emails. You can choose to opt-out of such communications by following the unsubscribe instructions included in these emails or by contacting us at the Customer Support contact information provided in Section [21](#_Ref227070856) (Contact Us) below. You can also edit your marketing email preferences through your account settings page on the Site. FUJIFILM is not responsible for marketing emails sent by our partners and other third parties. - **Transactional Emails:** From time to time, we send transactional emails notifying you about your purchases and/or payments, information about changes to our products and services, and other disclosures as required by law. You may not opt-out of such transactional service messages. - **Postal Mail Marketing:** Depending on where you live, you may receive FUJIFILM marketing postal mail communications, and you can choose to stop receiving such communications by contacting us at the Customer Support contact information provided in Section [21](#_Ref227070856) (Contact Us) below. - **SMS Communications:** Consent to receive text messages is not a condition of any purchase. FUJIFILM reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas or through all mobile carriers. FUJIFILM, its service providers and the mobile carriers supported by the texting program are not liable for delayed or undelivered messages. FUJIFILM may change or discontinue any of its text programs without notice or liability to you. FUJIFILM reserves the right to cease delivery of texts to any person at any time in its sole discretion. > By enrolling to receive text messages from any one of FUJIFILM’s text programs, you acknowledge that text messages will be sent to the mobile phone number you provide to FUJIFILM, and you agree to all of these Terms of Use, including but not limited to Section [19](#_Ref227059586) (Governing Law and Dispute Resolution). > > A. By providing your mobile number and clicking the “Text Me” button in your account settings, you agree to receive FUJIFILM order and account status information via text messages that may be sent using an automatic telephone dialing system. > > You will also need to confirm your opt-in by replying YES to the confirmation text message that FUJIFILM will send. Message and data rates may apply. > > Message frequency is based on orders placed. We will send text messages regarding Order and Account status. Text STOP to opt out. \[Text HELP for additional customer assistance.\] Please note that opting out of order and account status text messages will NOT opt you out of marketing and promotional text messages. You must separately opt out of each type of text message to which you have opted in. > > Please note that opting out of receiving SMS messaging related to the use of our Services on your mobile device may impact the functionality of our Services. > > B. Your consent to receive marketing and promotional text messages is managed through a separate prompt and you will receive these messages from a separate short code. By providing your mobile number and consent, you agree to receive FUJIFILM marketing and promotional text messages that may be sent using an automatic telephone dialing system. > > You will also need to confirm your opt-in by replying YES to the confirmation text message that FUJIFILM will send. Message and data rates may apply. Text STOP to the number from which we send marking and promotional text messages to opt out. Please note that opting out of marketing and promotional text messages will NOT opt you out of order and account status text messages. You must separately opt out of each type of text message to which you have opted in. - **Push Notifications:** You can opt-out of receiving FUJIFILM push notifications through your mobile application or device settings. Please note that opting-out of receiving push notifications may impact the functionality of our Services. Opting out of push notifications from FUJIFILM will not opt you out of push notifications from Google or other Third-Parties. You will need to separately opt out of push notifications from Third-Parties via the method specified in those third parties’ terms. > We will process your opt-out requests as soon as possible, but please note that it may take us up to 30 days to process your request and you may receive a few more messages until your request is processed. 19. **GOVERNING LAW AND DISPUTE** **RESOLUTION:** **PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.** The laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, you agree that any action arising out of these Terms of Use, or your use of Service, shall be brought in state or federal court in the State of New York and you consent to the jurisdiction of such courts. 1. **Disputes that Must Be Arbitrated:** This agreement applies to any “Dispute” between you and FUJIFILM. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and FUJIFILM that arise out of or relate to your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate any portion of it. The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or FUJIFILM’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below. 2. **Informal Resolution:** If you have a Dispute against FUJIFILM or if FUJIFILM has a dispute against you, FUJIFILM will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and FUJIFILM will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or FUJIFILM receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms of Use. You must send any Notice of Dispute by email or via U.S. mail to one of the following addresses: Address: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Email: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ FUJIFILM will send any Notice of Dispute to the email address and the most recent physical address you have provided FUJIFILM. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names and order numbers), and what resolution to the Dispute is being sought. The Notice requirement is designed to allow FUJIFILM (or you, in the case of a dispute FUJIFILM asserts against you) to make a fair, fact-based offer of settlement if FUJIFILM or you choose to do so. You and FUJIFILM cannot proceed to arbitration unless this information has been provided. If you or FUJIFILM proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred. 3. **Small-Claims Court:** You and FUJIFILM agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in New York, New York may be brought as individual actions in such small-claims courts. FUJIFILM hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court. 4. **Binding Individual Arbitration:** THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does FUJIFILM consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations. You and FUJIFILM agree that Disputes will be settled by confidential binding individual arbitration conducted by National Arbitration and Mediation (NAM) according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures, as modified by these Terms of Use. These Terms of Use affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law. “Arbitration” means that Disputes between you and FUJIFILM will be resolved by a neutral arbitrator instead of in a court by a judge or jury. “Binding” means that both you and FUJIFILM must abide by the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms of Use, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. “Confidential” means that the existence of the arbitration proceeding, and all pleadings, filings, submissions, evidence, judgments, opinions, final awards, and other information associated therewith, must be maintained as confidential by both you and FUJIFILM, in each case except as is reasonably necessary for you or FUJIFILM to enforce their respective rights under the Agreement or the arbitrator’s final award or as required by law or to respond to such person’s regulatory and/or audit processes. “Individual” means that the arbitrator may award the same remedies to you or to FUJIFILM as a court could, but only to satisfy your or FUJIFILM’ individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute. 5. **Arbitration Procedure and Location:** You or FUJIFILM may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the NAM’s in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures. Instructions for filing a Demand for Arbitration are available at https://www.adr.org/file-a-case/ or by calling the NAM at 1-800-778-7879, TTY 711. You will send a copy of any Demand for Arbitration by email or via U.S. mail to the following address: Address: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Email: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ FUJIFILM will send any Demand for Arbitration to the email address and to any address you have provided FUJIFILM. The arbitration will be conducted by a single arbitrator. You and FUJIFILM both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Use. The arbitrator shall permit FUJIFILM and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted. The arbitrator shall stay further proceedings in the Arbitration while any such dispositive motion(s) to resolve threshold issues are pending. For Disputes in which the claimant seeks less than \$10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks \$10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in New York, New York unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules. The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and FUJIFILM agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or FUJIFILM to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement. 6. **Consumer Arbitration Fees:** Payment of all filing, administration, and arbitrator costs and expenses imposed by the NAM will be governed by the Consumer Arbitration Rules, except if you are initiating an arbitration against FUJIFILM and the value of the relief sought is \$10,000 or less, then FUJIFILM will advance all filing, administrative and arbitration costs and expenses imposed by the NAM (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose). Even if the Dispute involves a claim of damages of more than USD \$10,000, FUJIFILM may still help you with your fees if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, FUJIFILM will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). Notwithstanding FUJIFILM’ agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD \$10,000 or less, FUJIFILM will not pay a claimant’s share of fees if (1) the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD \$10,000 or less for all claimants; or (2) you fail to comply in good-faith with the Informal Resolution provision of this section. You and FUJIFILM agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party. You are responsible for all other additional costs that you may incur in the arbitration, including attorney’s fees and expert witness costs, unless FUJIFILM is otherwise specifically required to pay such fees under applicable law. Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. If FUJIFILM starts an arbitration against you, FUJIFILM will pay all filing fees. 7. **Notice and Filing:** To the fullest extent permitted by applicable law, you or FUJIFILM must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or FUJIFILM to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and FUJIFILM will not have the right to assert the Dispute. 8. **Coordinated Filings:** If 25 or more Disputes are initiated with the NAM that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” FUJIFILM will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to FUJIFILM, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and FUJIFILM shall not be required to pay any fees associated with cases that this agreement does not allow to be filed. Once all Notices of Dispute have been provided to FUJIFILM for Coordinated Cases, counsel for claimants and counsel for FUJIFILM shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for FUJIFILM do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against FUJIFILM, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against FUJIFILM. A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and FUJIFILM agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for FUJIFILM must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for FUJIFILM cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for FUJIFILM will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in New York, New York, or if federal jurisdiction exists, in the United States District Court for the District of New York and you consent as part of these Terms of Use to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or FUJIFILM from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and FUJIFILM reserves the right to contest class certification at any stage of the litigation and on any available basis. A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. 9. **Continuation in Effect:** The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and FUJIFILM. 10. **Future Terms Changes:** Although FUJIFILM may revise these dispute resolution terms in its discretion, FUJIFILM does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter. 11. **Class Action Waiver:** To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Coordinated Filings provision) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and FUJIFILM reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and FUJIFILM will only bring disputes, claims, or controversies between FUJIFILM in an individual capacity only and shall not: - seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or - consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms of Use. 1. **Severability:** If all or any provision of this Agreement is found invalid, unenforceable, or illegal, then you and FUJIFILM agree that the provision will be severed, and the rest of these Terms of Use shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and FUJIFILM agree that this entire Agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein. 2. **Your 30-Day Right to Opt Out:** You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Use (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision by email or via U.S. mail to one of the following addresses: Address: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Email: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Your notice must include your name, mailing address, and email address associated with your account with FUJIFILM, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Use. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS OF USE UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that FUJIFILM receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, FUJIFILM will not be bound by them with respect to disputes with you. Instead, outstanding claims from such cases may be filed only in the state courts in New York, New York or, if federal jurisdiction exists, in the United States District Court for the District of New York and you consent as part of these Terms of Use to venue such cases exclusively in these courts and, for clarity, the “Class Action Waiver” section above will apply to such claims. 20. **MISCELLANEOUS:** FUJIFILM reserves the right to change, amend or supplement these Terms of Use and conditions, at any time and from time to time without any notice to you or to any other person. No waiver, express or implied, by either party of any breach of or default under the 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. The Agreement, as amended from time to time by FUJIFILM, constitutes the entire agreement between you and FUJIFILM relating to your use of the Service and supersedes all previous agreements, written, oral or otherwise, between you and FUJIFILM with respect to your use of the Site and/or Service. The provisions of the Agreement will inure to the benefit of and be binding upon FUJIFILM and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. The Agreement will also inure to the benefit of the non-FUJIFILM FUJIFILM Parties, (and such FUJIFILM Parties are intended third party beneficiaries hereof); provided however that this Agreement is not binding upon and does not impose obligations on such FUJIFILM Parties. You may not assign the Agreement or your rights and obligations under the Agreement without the express prior written consent of FUJIFILM, which may be withheld at FUJIFILM’s sole discretion. FUJIFILM may assign the Agreement and its respective rights and obligations under the Agreement without your consent. Any rights not expressly granted or disclaimed by the Agreement are expressly reserved to FUJIFILM. 21. **CONTACT US:** If you have questions regarding these Terms of Use, including to request an accessible copy of these Terms of Use contact us at the address or phone number below: Address: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Email: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Phone: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 22. **APPROVED** **COUNTRIES:** The following are the countries from which the Site is intended to be accessed and to which Services are intended to be provided: - - United States of America - Canada - Austria - Belgium - Bulgaria - Cyprus - Czechia - Germany - Denmark - Estonia - Spain - Finland - France - United Kingdom of Great Britain and Northern Ireland - Greece - Croatia - Hungary - Ireland - Italy - Lithuania - Luxembourg - Latvia - Malta - Netherlands - Poland - Portugal - Romania - Sweden - Slovenia - Slovakia 23. **COUNTRY** **SPECIFIC TERMS:** If you live in certain countries or regions, the additional terms set forth below for that country or jurisdiction will also apply to you. To the extent there is a conflict between the provisions below and the body of these Terms of Use, the applicable terms below will control to the extent of the conflict. **CANADIAN RESIDENTS** If you live in Canada, the following terms (the “Canada-Specific Terms”) apply to you in addition to the terms of our Terms of Use above, and will control in the event of conflict. If you live in Canada and you believe that your work has been copied in a way that constitutes copyright infringement under the laws of Canada, you may submit a written notice of claimed infringement in accordance with the notice-and-notice regime under the Copyright Act in Canada. A notice should include the following information: 1. Your name and contact information (including address, telephone number, and email address); 2. Identification of the copyrighted work claimed to have been infringed; 3. Identification of the Content or User Material on the Site that is alleged to infringe the copyright, including sufficient information to enable us to locate the Content or User Material (such as the URL): 4. The date and time of the alleged infringement; and 5. A statement that you are the owner of the copyrighted work or are authorized to act on behalf of the owner. Notices should be sent to the IP Legal Department at . We prefer email correspondence, but we can also be reached at our physical address: FUJIFILM Holdings America Corporation, Attn: IP Legal Department, 200 Summit Lake Drive, Valhalla, NY 10595. Upon receipt of a notice that complies with applicable law, we may forward the notice to the user responsible for the User Material and may take such actions as we consider appropriate in our discretion, including maintaining records related to the notice as required by law. Submission of a false or misleading notice may result in liability under applicable law. **EUROPEAN** **UNION (“EU”) RESIDENTS** If you live in the EU, the following terms (the “EU-Specific Terms”) apply to you in addition to the terms of our Terms of Use above, and will control in the event of conflict. 1\. Digital Services Act Compliance FUJIFILM is subject to the Digital Services Act (“DSA”) in the EU. We act on Content and User Materials that violate our Terms of Use and/or which violate the laws of the EU and its member states. Content and User Materials are moderated through manual review by a designated team member prior to publication. All User Materials submitted in connection with EU-based services is held for manual review to prevent the publication of content that is illegal, obscene, or otherwise unlawful under applicable EU law. We do not rely solely on automated means to moderate Content and User Materials in this region. 2\. Illegal content We want our Site to be a safe place, and we take measures to protect users from illegal content. “Illegal content” means information which is itself illegal or relates to an illegal activity. Examples include the sharing of images depicting child sexual abuse, the unlawful non-consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products and the non-authorised use of copyright protected material. If you suspect any Content or User Materials are illegal, including if they infringe on your intellectual property rights, please notify us via email at explaining, in reasonable detail: 1. The Content or User Material itself; 2. Why you consider the Content or User Material in question is illegal and/or infringing content; 3. Identification of where the Content or User Material that you claim to be illegal and/or infringing is located on the Site; 4. If you are claiming that the Content or User Material is infringing, proof that you own (or are a licensee with the right to enforce infringement of) the Content or User Material; 5. If applicable, identification of the copyrighted work(s) that you claim has been infringed; 6. Your name and email address; 7. The EU country in which you live; and 8. That you believe that the information you have submitted to us via email is accurate and complete. If you believe that your User Material has been wrongly taken down, please notify us via email at explaining, in reasonable detail: 1. The User Material itself; 2. Why you believe the User Material in question has been wrongly taken down; 3. Your name and email address; 4. The EU country in which you live; and 5. That you believe that the information you have submitted to us via email is accurate and complete. If you have any other complaint, please notify us via email at explaining, in reasonable detail, the subject matter of your complaint, your name and email address, the EU country in which you live and that you believe that the information you have submitted to us via email is accurate and complete. 3\. Resolving Disputes If you wish to bring a legal claim against us, you can bring proceedings in the country where you live. However, if you are considering any such claim, please notify us via email at prior to doing so, so that we can attempt to resolve it before you take it further. **UNITED KINGDOM (“UK”) RESIDENTS** If you live in the UK, the following terms (the “UK-Specific Terms”) apply to you in addition to the terms of our Terms of Use above, and will control in the event of conflict. If you live in the UK and suspect any Content or User Material infringes on your intellectual property rights, please notify us via email at explaining, in reasonable detail: 1. The Content or User Material itself; 2. Identification of where the Content or User Material that you claim to be infringing is located on the Site; 3. Proof that you own (or are a licensee with the right to enforce infringement of) the Content or User Material; 4. Why you consider the Content or User Material in question is infringing content; 5. Identification of the copyrighted work(s) that you claim has been infringed; and 6. That you believe that the information you have submitted to us in your email is accurate and complete.

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Terms and Conditions