WEBSITE TERMS AND CONDITIONS

FUJIFILM Ireland

Last updated March 2010

GENERAL

This website www.fujipix.ie (the “Site”) is owned and operated by FUJIFILM Ireland, (“Fuji”, “we”, “our” and “us”), a company incorporated under the laws of Ireland, with an address at 78 Lagan Road, Dublin Industrial Estate, Dublin 11, Ireland. Fuji through its nominated retail outlets provides it’s users with a variety of on-line and off line services, including an on-line digital image print ordering service, digital image storage, editing your digital images and such other services as we may choose to make available from time to time, hereafter jointly and severally referred to as the “Service”. Your use of the Site and/or of the Service is subject to our terms and conditions of use which we have set out below (the “Terms”), and by accessing and using the Site and/or Service you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and subject to the Terms. Please ensure you read the Terms carefully and in their entirety.

PART I – FOR REGISTERED AND NON-REGISTERED USERS OF THE SITE

1. Use of Site

Unless otherwise specified, the Site and the Service are for your personal and non-commercial use only. You may download, display or print part of the Site for your own personal, non-commercial use. You may save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy.

You are responsible for all of the images you upload using the Site and/or Service. You must have the legal right to copy and display each image that you upload, or order for print. You agree not to use the Site and/or the Service: (a) for any unlawful purposes; (b) to upload, post, order for print, e-mail or otherwise transmit or communicate any material that is unlawful, obscene, offensive, pornographic, abusive, harassing, tortious, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal hateful or racially, ethnically or otherwise objectionable, or which may give rise to civil or criminal liability under applicable law; (c) to upload, post, order for print or otherwise transmit or communicate that you do not have a right to transmit or communicate or which infringes any copyright, trade mark, patent or other intellectual property right, proprietary right, or any moral right of any party; (d) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (e) to upload, post, e-mail or otherwise transmit any material which is likely to cause harm to Fuji’s or any other party’s computer systems, including but not limited to that which contains any virus, code, worm, data, Trojan horses, corrupt files or other files or programs designed to damage or allow unauthorized access to the Site which may cause any defect, error, malfunction, overburden or impair the Site, interfere with any other party’s use and/or enjoyment of the Site and/or Service, or corruption to the Site. You agree not to copy, duplicate, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer, sell, resell or exploit any information, software, products and services contained on or forming part of the Site and/or Service, or otherwise use such content of the Site for resale, re-distribution or for any other commercial use including any surveys, contests or pyramid schemes, or to participate in or cause others to participate in sending chain letters, junk email, spam, duplicate or unsolicited communications.

You further agree that you shall not: (a) interfere with or disrupt (or attempt to interfere with or disrupt) this Site or servers or networks connected to this Site, or to disobey any requirements, procedures, policies of or connected to this site; (b) provide any information to Fuji that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; (c) use or access the Site and/or Service in and from jurisdictions in which it or its contents are restricted or prohibited by local law; (d) attempt to gain unauthorised access to the Site and/or Service or any accounts, computer systems and networks connected to any Fuji website through hacking, password miming or any other means; (e) use the Site and/or Service to harvest or otherwise collect by any means any program material or information (including without limitation email addresses or details of other users) from the Site or as otherwise authorised under these Terms or to monitor, mirror or copy any content of the Site and/or Service without the prior written consent of Fuji; or (f) use this Site and/or Service to process, digitize, post, store, share, transmit or otherwise obtain any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The pages contained in the Site may contain technical inaccuracies and typographical errors. The information on this Site may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for any failure to do so. Fuji makes no representation as to the accuracy, reliability or completeness of the contents of the Site or the advertisements posted on the Site. THE USE OF THIS SITE IS AT YOUR OWN RISK.

2. Copyright Notice and Limited Licence

The information, content, graphics, text, sounds, images, buttons, get-up, trademarks, service marks, trade names and logos (the “Materials”) contained in the Site are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. Fuji and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.

Any other use of the Materials on the Site, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of Fuji is strictly prohibited and is a violation of the proprietary rights of Fuji. Other than as expressly provided herein nothing in these Terms should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Fuji, its licensors or any third party.

3. Content

Fuji acts as a channel for the online distribution, storage and publication of images submitted by members, and has no obligation to screen or monitor images or content of any nature submitted by it’s registered users. It does not intend to pre-screen content uploaded or stored by it’s regiregistered users, and it does not exercise any editorial control over the content of the Site or other material created or accessible over or through the Site.

However, Fuji reserves the right to monitor the content of this Site and, at its sole discretion, to remove content which violates the Terms, in particular images which are indecent, abusive, illegal or disruptive. In particular, Fuji may take any action with respect to uploaded or stored content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Fuji. It is the policy of Fuji not to transfer images which Fuji, in its sole discretion, considers to be of an indecent, abusive, illegal or disruptive nature. Fuji reserves the right to take such action as it deems appropriate in respect of such images including but not limited to removing accounts and/or individual images that promote naked, indecent, abusive, illegal, disruptive or obscene images through the albums, photoshare facility or otherwise, without any liability to the registered users or any third party. If Fuji is notified by a user of the Site that a certain image(s) does not conform to these Terms, Fuji may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the image. Fuji has no liability or responsibility to users for the performance or non-performance of such activity. Fuji reserves the right to expel registered users from the Site, close any accounts held by that registered user and prevent their further access to the Site for violation of these Terms or the law.

4. Links to Third Party Websites

The Site contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to and use of any other website through the Site is at your own risk. Fuji is not responsible or liable for the accuracy of any information, data, opinions, or statements made on third party websites or the security of any link or communication with those websites. Fuji reserves the right to terminate a link to a third party website at any time. The fact that Fuji provides a link to any third party website does not mean that Fuji endorses, authorises or sponsors that website, nor does it mean that Fuji is affiliated with the third party websites, owners or sponsors. Fuji provides these links merely as a convenience for those who use the Site.

5. Availability

Although Fuji endeavours to ensure the Site and/or the Service is available at all times, there may be occasions when interruption to the Site and/or the Service may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Fuji shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Site and/or the Service. You also agree that you are responsible for creating backups of any content you post to the Site.

6. Changes in Terms and Conditions

Fuji may modify or terminate any Service offered through the Site from time to time, for any reason and without notice, and without liability, to you, or any other user or any third party. Any additions to, or enhancements of the Site and/or the Service, including the release of new Fuji features, shall be subject to these Terms. To the greatest extent permitted by applicable law Fuji reserves the right to change the content, services, presentation, performance, user facilities and/or availability of any part of the Site and/or the Service at its sole discretion, including these Terms from time to time. If we change these Terms you will be notified of the changes and the next time you access the Service you will be asked whether or not you accept the revised Terms.

7. Disclaimers

This clause limits our legal liability to you for your access to and use of the Site and your online purchases and use of the Service. You should read this clause carefully. You acknowledge that you have entered into these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract. Nothing in these Terms is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded. THE SITE AND/OR THE SERVICES ARE AVAILABLE TO ALL USERS “AS IS” AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND/OR THE SERVICES ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUJI MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. FUJI ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF FUJI, WHICH CORRUPTS OR EFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE SITE. FUJI MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICE OR MATERIALS ON THE SITE (INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGES TO FUJI, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SITE IS PERFORMED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR IMAGES, DATA AND ANY OTHER CONTENT. FUJI ACCEPTS NO LIABILITY IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR IMAGES AND/OR DATA. ALL USE BY YOU OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING AND/OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE OR MATERIALS PROVIDED ON THE SITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE SITE. YOU AGREE THAT FUJI AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO FUJI WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.

8. Limitation of Liability

This clause limits our legal liability to you for your access to and use of the Site and your online purchases and use of the Services. You should read this clause carefully. You acknowledge that you have entered into these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract. Nothing in these Terms is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded. To the maximum extent permitted by applicable law, neither Fuji nor any of its officers, directors, employees, agents, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of the Site, the Service, facilities and/or the Materials offered or transactions entered into through or from the Site or Services through the Site including, but not limited to, direct, indirect, incidental, special or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if Fuji has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall Fuji nor any of its officers, directors, agents, employees, affiliates or other representatives be liable for any loss or damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the Site and/or the Services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Without limiting the foregoing, under no circumstances shall Fuji or any of its officers, directors, agents, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third party. Fuji does not exclude liability for death or personal injury caused by our negligence (or that of our employees or authorised representatives) or fraud. In any event, your sole remedy under these Terms will be either, at Fuji’s option, and where possible, the reprocessing of any defective images or the reimbursement to you of all monies paid by you in respect of the relevant images or prints.

9. Indemnity

You agree to defend, indemnify and hold Fuji (and as applicable, its officers, directors, employees, agents, licensors, subsidiaries, affiliates, suppliers and any of our third party information service providers) harmless against any and all demands, losses, expenses, damages and costs, including legal costs, and claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Site and/or the Service, including but not limited to posting content on the Site, entering into transactions on the Site, contacting others as a result of their postings on the Site, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach of these Terms.

10. Privacy Statement

Fuji respects and protects the privacy of the individuals who access the Site and use its Services. For full details of the manner in which Fuji uses cookies, the type of information Fuji collects, how Fuji uses it and under what circumstances Fuji discloses information, please read the Privacy Statement [create link here] which is hereby incorporated into and forms part of these Terms.

11. Off-Line Conduct

Although Fuji cannot monitor the conduct of its users off Site, it is a violation of these Terms to use any information obtained from this Site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their prior expressive consent.

12. Jurisdiction and Governing Law

The Site and Service are controlled and operated by Fuji from Ireland. Fuji does not make any representation that the Service and/or the Materials on the Site are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing the Site, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable.

The Terms shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Fuji and without prejudice to the right of Fuji to take proceedings in relation to the Terms before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms, and for such purposes you irrevocably submit to the jurisdiction of such courts.

13. Waiver

The failure of Fuji to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

14. Entire Agreement

You acknowledge the Terms constitute the entire agreement between you and Fuji and govern your use of the Site and Service superseding any prior agreements between you and Fuji. In the case of inconsistencies between the Terms and information included in off-line materials, (e.g., promotional materials and flyers), the Terms will always prevail. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

PART (II) – FOR USERS WHO REGISTER TO BECOME MEMBERS OF FUJIPIX.IE

15. Age and Responsibility

To purchase any goods or services from the Site you must be aged at least 18 years of age. If you are under the age of 18, you may only avail of the Service in conjunction with and under the supervision of your parents or guardian. By using the Site you understand that you are financially responsible for all use of the Site by you and those using your log-on information. You agree to notify us immediately of any unauthorised use of your log-on information or any other breach of security.

16. Registration and Access

In order to complete the registration process you must choose a user name and password. Fuji may restrict the user name or password you can choose. You will be asked to provide information including (but not limited to) your name, email address, phone number, postal address, credit card details, and other information required to provide you with the Service. By using the Service, you represent that the information you provide about yourself when registering or placing an order or otherwise is with true, accurate and up-to-date.

You are fully responsible for all actions taken under your account and you agree only to use the Site and/or Service using your own user name and password. You must make all reasonable efforts to keep your password safe. You may choose to share your images with those to whom you have given access to your www.fujipix.ie account. Please note that when you share images, you are permitting those recipients to share your images with others and to print and reproduce your images. You agree to immediately notify Fuji of any unauthorised use of your user name and/or password. Fuji may at its absolute discretion, refuse to accept your application to become a registered user, terminate your registration without prior notice at its sole discretion.

17. Inactive Accounts

If your account is inactive for more than three (3) months, Fuji may, at its option, terminate your account, remove and delete any content, including but not limited to any and all postings, albums, image files or any other content you have within the Service. We will deem your account inactive if you have not upgraded your photos on the Site, or ordered prints through the Site at least once in every three (3) month period. If your account is inactive for a period of three (3) months or more, we may email you about the pending deletion of your images and any other data on the Site and we will give you the option of re-activating your account. If you choose to re-activate your account, your images and data stored on the Site will not be deleted. If we do not receive any instructions to reactivate your account, we retain the right at our sole discretion to terminate your account and delete all content from your account.

18. Third-Party Software

In order to upload your images onto the Site, PixUploader software will be automatically loaded onto your computer once you click the “Go” button on the “Add Photos” page.

To use the third-party software, you agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading any third party software, you acknowledge and agree that Fuji does not guarantee that any software downloaded through the Service will be free of viruses, worms, trojan horses or other forms of corruptive code. Fuji makes no representation or warranty concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Fuji (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

19. Suspension/Termination

Fuji may at any time, without notice to you, suspend or terminate your access to this Site or your account or any part thereof, the Service and/or facilities, wholly or partially for any reason, including without limitation, where you are in breach of these Terms, or if Fuji cannot verify or authenticate any information submitted to the Site, or if for any reason Fuji suspends or discontinues the Site and/or the Service, or is unable to supply the Service to you.

Fuji reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms, including but not limited to deleting and discarding your images and any other data from the Site, immediately terminating your account and restricting your ability to access the Site, Service and/or facilities. Further, you agree that Fuji shall not be liable to you or any third party for any modification, termination or suspension of your access to the Site or the Service and/or the facilities provided through the Site.

20. Offer, Acknowledgment and Acceptance

An order submitted by you constitutes an offer by you to us to purchase print processing services and any other products or services available via the Site on these Terms and is subject to our subsequent acceptance. In submitting your order, you warrant and undertake that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient for us to fulfil your order; and that you have the legal capacity to enter into a contract. You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information (including your credit card details and any passwords given to you for the purposes of accessing the Site and/or availing of the Services) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit card on the Site. Acceptance of your order and completion of the contract between you and us takes place once your prints have been delivered to you or you have collected them at a Fujipix retail outlet. Taking payment from your credit or debit card does not indicate acceptance of your order. If your order is not accepted by us a refund of any amounts debited from your payment card will be refunded to you. We will not be responsible if you fail to receive a confirmation email as a result of you submitting an incorrect email address. You should review the email confirmation carefully to ensure that all details are correct. If you have any queries about or wish to correct any of your order details, you should contact the address specified on the email immediately. In particular, you should check that the delivery or collection method for your prints is correct. You should ensure, therefore, that the email address you notify to us is the correct address to which you wish our confirmatory email to be sent. We are not liable to you for loss or damage arising out of your failure to notify us of your desired email. When you are submitting an order, you will be asked to specify one of the following methods of delivery or collection of your prints (i) you may collect your prints at a Fujipix retail outlet that is convenient to you or (ii) you may request a local Fujipix retail outlet to post your prints to the address specified by you in your order. If you have any complaints about the quality of your prints or if your prints are in any way defective, then you should contact the relevant Fujipix customer service.. However, you should note that the quality of your prints may vary and will be dependant on the quality of the images you send for processing. While each Fujipix retail outlet will make reasonable efforts to facilitate the efficient processing of your order, your order may be rejected (without liability) if for any reason the Fujipix retail outlet is unable to process or fulfil your order. In particular, and without prejudice to the generality of the foregoing, your order may be rejected (without any liability) if you are in breach of any of the Terms, in particular clauses 1, 2, 3, 11, 12, 15, 20, 23 and 24. If your order is rejected, any prior payment that you may have made will be refunded, unless the reason for rejecting your order is due to your breach of the Terms. When you register as a user of the Site, you will automatically be allocated 200mb (megabytes) of storage space allocated to your account at no extra cost to you. If you wish to purchase additional storage space, you may order such additional storage space at any time. If you have any queries or wish to notify us of any complaints or issues in respect of your additional storage space, then you should contact us directly at support@fujipix.ie. We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after acceptance of your order. We will use our reasonable commercial endeavours to provide you with copies on written request. We recommend that you print a copy of all such documents and the Terms for your own records.

21. Pricing and Payment

Any prices, quotations and descriptions made or referred to on the Site are provisional, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.

All prices stated on the Site are in Euro and unless otherwise specified are inclusive of VAT and any other applicable tax or duty and any exclusive delivery charges. Fuji reserves the right to change prices stated on the Site at any time.

22. Delivery and Collection

When you are submitting an order, you will be asked to specify one of the following methods of delivery or collection of your prints:

• you may collect your prints at a Fujipix retail outlet that is convenient to you; or
• you may request that your prints are to be posted to you at the address specified by you in your order.

While we will set out approximate delivery or collection timescales in our confirmatory email, we do not guarantee any specific delivery or collection times or dates and shall not be liable to you in respect of any delays or failure to meet any and all delivery or collection timescales. In the event that there is any such delay or failure to meet delivery or collection timescales, you should contact Fujipix customer service. If you have chosen to have your prints delivered and have not received your prints within 30 days of receiving your confirmatory email, you are entitled to a refund of any monies paid in respect of that order. If you wish to have your prints delivered to the mailing address specified by you, you acknowledge that we will charge a delivery charge for providing such services. This delivery charge will be set out at the “checkout” page of the Site. You should also ensure that the delivery address specified on our confirmatory email is correct and should notify us immediately if there are any inaccuracies in the delivery address. In the event that your prints are returned to the relevant Fujipix retail outlet because the delivery address that you have notified to us is incorrect or inaccurate, your prints may be destroyed without us incurring any liability to you. You may be subject to additional delivery charges in the event that you wish to change your delivery address after submitting an order and before your prints have been posted to your delivery address. If you have not collected your prints within the timescales notified to you or if our Fujipix retail outlet has been unable, for any reason, to deliver the prints to you within thirty days from the specified delivery date, you acknowledge that your prints may be destroyed without any liability to you. We will only store your images for as long as is reasonably necessary to process your order, which is normally 30 calendar days after you submit your order. Consequently, we recommend that you retain a copy of your images and do not delete any images until you have either collected your order or your order has been delivered to you. We do not retain credit card information on our web servers after the transaction has been completed. Therefore you will need to enter your details each time you wish to purchase goods or services on the Site.

23. Your Warranties

You warrant and undertake that:

• any information provided by you when placing your order is up to date, accurate in all material respects and is sufficient for us to fulfil your order; and
• you have the legal capacity to enter into a contract.

You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information (including your credit card details and any passwords given to you for the purposes of accessing the Site and/or purchasing the services available on the Site) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit card on the Site.

24. Copyright in Your Images

You warrant and we acknowledge that all copyright in any image that you provide to us for processing vests in you or you have a licence to use the image. You agree to grant a non-exclusive, royalty free, transferable licence to download, upload, reproduce, use, copy, distribute, display and store your images for the purposes of processing and generating your prints.

You agree to indemnify Fuji against any and all losses, costs and damages arising as a result of any third party claim that your images infringe any copyright or intellectual property rights or that your use of any of the Services infringe any third party intellectual property rights.

25. Cooling Off Period

If you are a consumer (i.e. if you are a natural person who, as regards a distance contract, is acting for purposes which are outside your trade, business or profession) who purchases goods and services using any means of distance communication (for example, email, internet etc) have a right to cancel such contracts without giving a reason within a period of seven days from the date the contract was formed under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001.

However, this “cooling off” period does not apply where goods are clearly personalised and consumers may not exercise the right of cancellation where personalised goods have been ordered. The personalised nature of images that you provide to us for processing means that the “cooling off” period does not apply in respect of the supply of the prints to you and you acknowledge that this is the case. You also acknowledge that insofar as Services are provided to you via the Site, the “cooling off” period does not apply to such Services because such Services will begin within seven days of the placing of your order.