TERMS OF USE

This website https://www.fujifilm.com/my/en (the “Website“) is owned and operated by FUJIFILM (Malaysia) Sdn. Bhd. (“FUJIFILM”, “we”, “us”, “our”), and by accessing and/or using the Website, you accept and agree to abide by the following Terms of Use, which together with any other terms or legal notices posted on the Website such as our Privacy Policy, govern the relationship between you as user and FUJIFILM in relation to this Website. By using this Website you represent that you have read and understood the Terms of Use stated herein and that you agree to be bound by them. If you do not agree to abide by these Terms of Use do not use the Website or download materials from the Website.

1. USER CONDUCT
   
   1. You are prohibited from posting or transmitting any unlawful, seditious, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.

2. COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
   1. The trademarks, logos and service marks (collectively, “Marks“) as well as content (including but not limited to information, communications, software, images, videos and sounds) (collectively, “Contents”) contained on or available on the Website belong to FUJIFILM or the relevant owners. Except as expressly permitted herein or elsewhere in this Website, or by obtaining prior written permission from FUJIFILM, or any third party who has such power, authority, titles or interest as is necessary to grant such legal permission, you are prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using any Marks or Contents available on or through this Website for commercial or public purposes. Nothing in this Agreement confers any rights in the Marks or Contents to you that is not specifically mentioned herein. Any unauthorized use of the Marks and/or Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All our rights are expressly reserved.

3. LINKING
   1. FUJIFILM prohibits caching unauthorized hypertext links to this Website, and the framing of any Contents available through this Website. FUJIFILM reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on other Internet sites linked to this Website.

4. WARRANTIES DISCLAIMER
   1. ALL CONTENTS ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. FUJIFILM SPECIFICALLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS. NEITHER FUJIFILM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE. ANY CONTENTS DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY.
   2. THE CONTENTS ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENTS ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND HAVE NO OBLIGATION TO UPDATE ANY CONTENTS ON THE WEBSITE. WE MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AND CONTENTS AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT FUJIFILM AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FUJIFILM DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE ACCESS TO THIS WEBSITE OR ITS SERVICES, SINCE THE OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF FUJIFILM’S CONTROL.

5. INDEMNIFICATION
   1. By using this Website, you agree to indemnify and hold harmless FUJIFILM and/or its parent company, subsidiaries, affiliates, officers, directors, agents and/or employees from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Terms of Use, or your violation of any law or the rights of a third party. You also agree to indemnify FUJIFILM for any and all damage you may cause FUJIFILM, its business, or its Website due to your interaction with this Website.
6. MODIFICATION
   1. FUJIFILM reserves the right, at any time without prior notice to you, to change the format and Contents of the Website at any time. By using this Website, you agree in advance to accept any such changes.
   2. We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features and services or restrict your access to parts or all of the Website without notice or liability. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.
7. TRANSMISSION OF PERSONAL DATA
   1. You have read our Privacy Policy which sets out the terms that specifically govern the collection, use, retention and disclosure of your personal data. Accordingly, you have agreed to the terms of our Privacy Policy and given your consent to the collection and transfer of your personal data according to the terms of our Privacy Policy.
8. CONFIDENTIALITY OF USER COMMUNICATION
   1. Except as required by law and in accordance to our Privacy Policy, any communications or materials that you send to the Website by electronic mail, postings or otherwise, including any data, questions, comments, suggestions or the like are and will be treated as non-confidential and non-proprietary. We reserve the right to freely use these transmissions and postings by you for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting, without any compensation to you. We shall assume no responsibility and shall not be liable for any unauthorized or unlawful interception or modification of any communication between you and us (whether by electronic mail or otherwise), or for any loss or damage arising thereby (including but not limited to any loss or damage arising out of the unauthorized or fraudulent use of any information contained in or made accessible via such communication).
9. TERMINATION
   1. The Terms of Use are effective until terminated by FUJIFILM, and FUJIFILM may terminate this agreement and your access to the Website at any time without notice in its complete discretion. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and all FUJIFILM disclaimers and limitations of liability set out in the Terms of Use will survive.
10. GENERAL
    1. Your access and use of the Website shall be governed by and construed in accordance with the laws of Malaysia without reference to its conflicts of law rules and, you agree to submit to the exclusive jurisdiction of the Courts of Malaysia.
    2. If any of these Terms of Use is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
    3. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.