These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fujifilm South Africa Pty Ltd (hereinafter referred to as “Fujifilm”), concerning your access to and use of the www.myphotobook.co.za website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “site”). You agree that by accessing the site, you have read, understood, and agreed to be bound by all of the terms of use. Should you not agree with all/any of the terms of use, you are expressly prohibited from using the site and should discontinue use with immediate effect. Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. Fujifilm reserves the right, in its sole discretion, to make changes or modifications to the terms of use at any time and for any reason. You will be alerted of any changes by updating the “last updated” date of the terms of use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms of use to stay informed of updates. The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The site is intended for users who are at least 13 (Thirteen) years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the site.

Intellectual Property Rights
Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by Fujifilm or licensed to Fujifilm.
It is furthermore protected by copyright and trademark laws and various other intellectual property rights and unfair competition law, international copyright laws, and international conventions. The content and the marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in the terms of use, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the content and the marks.

User Representations
By using the site, you represent and warrant that:
(1) All registration information submitted will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information when necessary; (3) You have the legal capacity and you agree to comply with the terms of use; (4) You are not under the age of 13; (5) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site; (6) You will not access the site through automated or non-human means, whether through a bot, script or otherwise; (7) You will not use the site for any illegal or unauthorized purpose and (8) Use of the site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

User Registration
You may be required to register with the site and agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Products
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the site, however, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock and with that we reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Prohibited Activities
The site may not be used for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavours, except those that are specifically endorsed or approved by us. As a user of the site, you agree not to:
1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Fujifilm.
2. Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. Use the site in a manner inconsistent with any applicable laws or regulations.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
5. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
6. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
7. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.
8. Copy or adapt the site’s software, including but not limited to flash, PHP, html, JavaScript, or other code.
9. Delete the copyright or other proprietary rights notice from any content.
10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
11. Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
13. Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavour or commercial enterprise
14. 14. Use any information obtained from the site in order to harass, abuse, or harm another person.
15. Sell or otherwise transfer your profile.
16. Attempt to impersonate another user or person or use the username of another user.
17. Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
18. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
19. Make improper use of our support services or submit false reports of abuse or misconduct.
20. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
21. Engage in unauthorized framing of or linking to the site.
22. Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein.
23. Use the site to advertise or offer to sell goods and services.
24. Use a buying agent or purchasing agent to make purchases on the site.


User Generated Contributions
The site does not offer users to submit or post content. Fujifilm may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “contributions”). contributions may be viewable by other users of the site and through third-party websites. Any contributions you transmit may be treated in accordance with the site privacy policy. When you create or make available any contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, down-loading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the site, and other users of the site to use your contributions in any manner contemplated by the site and these terms of use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the site and these terms of use.
4. Your contributions are not false, inaccurate, or misleading.
5. Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your contributions do not violate any applicable law, regulation, or rule.
10. Your contributions do not violate the privacy or publicity rights of any third party.
11. Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your contributions do not otherwise violate, or link to material that violates, any provision of the terms of use, or any applicable law or regulation. Any use of the site or the marketplace offerings in violation of the foregoing violates these terms of use and may result in, among other things, termination or suspension of your rights to use the site and the marketplace offerings.
Contribution License
It is agreed that Fujifilm may access, store, process, and use any information and personal data provided, following the terms of the privacy policy and your choices (including settings).
By submitting suggestions or other feedback regarding the site, it is agreed that Fujifilm can use and share such feedback for any purpose without compensation to anyone.
Fujifilm does do not assert any ownership over contributions made, you retain full ownership of all of contributions and any intellectual property rights or other proprietary rights associated with the contributions. Fujifilm will not be liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site and expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding the contributions.

Guidelines for Reviews
Fujifilm may provide areas on the site to leave reviews or ratings. when posting a review, the following criteria applies: (1) You should have first-hand experience with the person/entity being reviewed; (2) reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) It should also not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) It should not contain references to illegal activity; (5) You should not be affiliated with competitors if posting negative reviews; (6) You should not make any conclusions as to the legality of conduct; (7) You may not post any false or misleading statements; and (8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
Fujifilm may accept, reject, or remove reviews in their sole discretion and have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed and do not necessarily represent Fujifilm’s opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. by posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Social Media
As part of the functionality of the site, you may link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either: (1) Providing your third-party account login information through the site; or (2) Allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. you represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account.
By granting Fujifilm access to any third-party accounts, you understand that (1) We may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the “social network content”) so that it is available on and through the site via your account, including without limitation any friend lists and (2) We may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account. depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the site.
Note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, then social network content may no longer be available on and through the site. You will have the ability to disable the connection between your account on the site and your third-party accounts at any time. Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service provider. Fujifilm makes no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and is not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the site. You can deactivate the connection between the site and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site or the marketplace offerings (“submissions”) provided by you are non-confidential and shall become our sole property. Fujifilm owns exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. It is agreed that there will be no recourse against Fujifilm for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

Third-Party Websites and Content
The site may contain (or you may be sent via the site or the marketplace offerings) links to other websites (“third-party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“third-party content”). Such third-party websites and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness and we are not responsible for any websites accessed through the site or any third-party content posted on, available through, or installed from the site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or the third-party content. inclusion of, linking to, or permitting the use or installation of any third-party websites or any content does not imply approval or endorsement thereof by Fujifilm. If you decide to leave the site and access third-party websites or use or install any third-party content, you do so at your own risk, and you should be aware these terms of use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the site or relating to any applications you use or install from the site. Any purchases you make through third-party websites will be through other websites and from other companies, we take no responsibility whatsoever in relation to such purchases.
You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. In addition, you will hold Fujifilm harmless from any losses sustained by you or harm caused relating to or resulting in any way from any third-party content or any contact with third-party websites.

Site Management
Fujifilm reserves the right, but not the obligation, to in our sole discretion and without limitation: (1) Monitor the site for violations of the terms of use; (2) Take appropriate legal action against anyone who violates the law or the terms of use, including reporting such user to law enforcement authorities; (3) Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) Notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) Otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and the marketplace offerings.

Terms and Termination
The terms of use shall remain in full force and effect while using the site. Without limiting any other provision of the terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the marketplace offerings (including blocking certain IP addresses), to any person for any reason or for no reason, including breach of any representation, warranty, or covenant contained in the terms of use or of any applicable law or regulation. We may terminate your use or participation in the site and the marketplace offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
Should Fujifilm terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We retain completed work and related data for a period of two (2) years. While we take reasonable care to store this data, we cannot be held responsible for any loss, corruption, or unavailability of data during or after this period, be it as a result due to unforeseen circumstances or otherwise.

Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. Fujifilm has no obligation to update any information on the site and reserve the right to modify or discontinue all or part of the marketplace offerings without notice and at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site or the marketplace offerings.
Fujifilm cannot guarantee the site and that the marketplace offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors.We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site or the marketplace offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site or the marketplace offerings during any downtime or discontinuance of the site or the marketplace offerings. Nothing in the terms of use will be construed to obligate us to maintain and support the site or the marketplace offerings or to supply any corrections, updates, or releases in connection therewith.

Governing Law
The terms shall be governed by and defined following the laws of South Africa. Fujifilm South Africa Pty Ltd and yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution
It is agreed to irrevocably submit all disputes related to terms or the relationship established by this agreement to the jurisdiction of the South Africa courts. Fujifilm will maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these terms are entered into in the course of your trade or profession, the state of your principal place of business.

Corrections
There may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to the marketplace offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

Disclaimer
The site is provided on an as-is and as-available basis.
You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, Fujifilm disclaims all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Fujifilm makes no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) Errors, mistakes, or inaccuracies of content and materials, (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) Any interruption or cessation of transmission to or from the site, (5) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
Fujifilm do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability
In no event will Fujifilm or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Indemnification
You agree to defend, indemnify, and hold Fujifilm harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Use of the site; (2) Breach of these terms of use; (3) Any breach of your representations and warranties set forth in these terms of use; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) Any overt harmful act toward any other user of the site with whom you connected via the site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. Fujifilm will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data
Fujifilm will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions and Signatures
Visiting the site, sending us emails, and completing online forms constitute electronic communications – you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous
The terms of use and any policies or operating rules posted by Fujifilm on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. these terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time and shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the site. You agree that these terms of use will not be construed against us by virtue of having drafted them and hereby waive any and all defences you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.

Contact Us
Fujifilm South Africa Pty Ltd
18 Holt Street
Glenadrienne
Sandton
Gauteng
2196
South Africa
Contact Tel: 011 430 5400 deon.brits@fujifilm.com (General Manager – Photo Imaging Division)