Your access to, browsing and/or use of the FUJIFILM Medical Systems U.S.A., Inc. (“FMSU”) Web site www.imagesofhealth.com is subject to the following Terms of Use, any other terms, conditions or guidelines set out elsewhere in this Web site (the “Site”), and all applicable federal, state and local laws, rules and regulations. You should be aware that these Terms of Use exempt FMSU and others from liability or limit their liability, and include other important provisions that you should read carefully. Each time you use the Site, you acknowledge and signify that you have read, understood and agree to be bound by these Terms of Use, our Privacy Policy and all applicable laws. If you do not agree to be bound by each provision of these Terms of Use each time you use the Site, you may not access the Site.
1. Content and Accuracy of Information
While FMSU takes reasonable steps to ensure that the information, images, text or links (the “Information”) contained in the Site are accurate and complete, we make no representations or warranties as to the completeness or accuracy of the Information. FMSU hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of the Site generally.
2. Authorized Users
3. Your Content
You agree that you will only upload, share, post, publish, transmit or otherwise make available ("Share") on or through the Site content that you have the right and authority to Share and for which you have the right and authority to grant to FMSU all of the licenses and rights set forth herein and in the Privacy Policy. By Sharing content, you grant FMSU a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute such content for any purpose and in any form, medium or technology now known or later developed. This includes, without limitation, the right to display, market, sublicense and distribute such content without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) FMSU's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in your content have been waived to the fullest extent allowed by law.
You agree that you will not Share any content that is false or misleading; is defamatory, derogatory, degrading or harassing of another; invades another's privacy or includes another's confidential or personal information without his or her express written consent; is racist, sexist, discriminatory, obscene or otherwise not in good taste; violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; contains a solicitation of funds or promotes or advertises goods or services; or contains any viruses or other contamination designed to limit or harm the functionality of a computer.
If you Share content through the Site, it shall not be considered confidential information and shall be received and treated by FMSU on a non-confidential and unrestricted basis.
4. Copyright Notice
It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Generally, the photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on the Site is copyrighted and may not be used or copied by you, except as explicitly provided in the Site or by applicable law, without the express prior written consent of FMSU or the copyright owner. You may download and print Information from the Site only for your private, informational, non-commercial use, and such Information may not be modified or altered in any way or redistributed. You also represent that you are the owner or are authorized by the copyright owner to use any copyrighted materials submitted or provided by you. Unauthorized use may be in violation of the law and could result in your liability.
Any images contained in or displayed by FMSU on the Site are the property of FMSU or are used by FMSU with the consent of the copyright holder and persons, if any, appearing in such images. Except as otherwise provided by law or as set forth on the Site, the use by you of any such images (or any portions thereof) without the express written consent of FMSU or the copyright holder is prohibited. Unauthorized use may be in violation of the law and could result in your liability.
5. Intellectual Property
Any trademarks, trade names, logos and/or service marks displayed on the Site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner.
6. Indemnity
You agree to indemnify, defend and hold harmless FMSU, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of content that you Share; your violation of the Terms of Use, the Privacy Policy or any additional rules, guidelines or terms of use posted on the Site; or your violation or infringement of any third party rights.
7. LIMITATIONS OF LIABILITY
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY FMSU TO THE FULLEST EXTENT PERMITTED BY LAW.
The operation of the Site may be affected by numerous factors beyond our control, and may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated.
The Site provides links to Web sites not controlled by FMSU and access to products and services of third parties, including partners of the Site. FMSU is not responsible for any information contained on such linked Web sites, and you bear all risks associated with the access and use of such Web sites and third party content, products and services.
Please employ common sense and discretion when using the Site. 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: (a) use of the Site by you, including the Sharing of any content; (b) your breach of these Terms of Use or our Privacy Policy; (c) your violation or infringement of any rights of other persons; or (d) your violation of any applicable civil or criminal law. FMSU disclaims any and all responsibility and liability regarding all such matters to the fullest extent permitted by applicable law.
Additionally, FMSU assumes no liability and shall not be responsible for, and you hereby assume all risk of, any damage to your computer or other property resulting from your access to or use of the site, including but not limited to any damage resulting from any computer viruses or from linkage to any third party sites. FMSU DOES NOT WARRANT THAT THE USE OF THE SITE WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. FMSU SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SITE BY YOU, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY FMSU, NOTWITHSTANDING THAT FMSU MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES BEING INCURRED BY YOU.
8. Use of FMSU Software
Any software contained in the Site may only be downloaded by you where expressly authorized and pursuant to the explicit terms and conditions set forth in these Terms of Use or as otherwise provided with such software. All downloaded software must retain all copyright and proprietary notices contained on such software. Additionally, the downloading or exporting of software is subject to all applicable laws, rules and regulations, including but not limited to laws regarding copyrights and U.S. Export Controls laws and regulations prohibiting the exporting of software to certain countries and individuals. Except as otherwise set forth on the Site or in these Terms of Use, the Site and the Information may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued or distributed in any way, in whole or in part, without the express prior written consent of FMSU. You may not use any of the software that is used in the operation of the Site except while you use the Site, except as otherwise provided in these Terms of Use. You may not copy any of the software used in the operation of the Site.
9. Monitoring
FMSU has no obligation to monitor the Site or screen content that is Shared on or through the Site. However, FMSU reserves the right to review the Site and Shared content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any content at its sole discretion.
10. Changes to Terms of Use and the Site
The Information is provided by FMSU as a convenience and is subject to change without notice, except as otherwise set forth on the Site. FMSU may, in its sole discretion, alter, supplement or amend these Terms of Use from time to time as they relate to the use of the Site for any reason and without any prior notice to you. If there is a change in these Terms of Use, we will post those changes on the Site so that you always are aware of how you may and may not use the Site. Please check the Site from time to time for any changes to make sure you are aware of our latest policies regarding use of the Site.
FMSU may, in its sole discretion, change, suspend or terminate access to, temporarily or permanently, the Site or any part of it at any time, for any reason, without any notice to you.
11. Governing Law
These Terms of Use and your use of the Site are governed solely by the laws of the state of New York and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that may lead to the application of any other laws. Any dispute between FMSU and you or any other person arising from, in connection with, or relating to the Site and these Terms of Use must be resolved before the courts of the state of New York, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located in New York.
12. Miscellaneous
If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Terms of Use 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.
These Terms of Use, the Privacy Policy and any other terms, conditions or guidelines set out elsewhere in this Web site, each as amended from time to time by FMSU, constitute the entire agreement between you and FMSU relating to your use of the Site.
Any rights not expressly granted by these Terms of Use are reserved to FMSU.
Effective September 22, 2010
