Terms of Use

1. TERMS OF APP & WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the POP BOOK app ("our app") and the POP BOOK website http://www.popbook.eu (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our app and/or our site. By using our app and/or our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our app and/or our site.

Here are the meanings of some of the abbreviations and specific terms we will use.

"Content" has the meaning given in clause 9 of the Terms and Conditions.

"our app" means the POP BOOK app.

"our site" means the POP BOOK website http://www.popbook.eu.

“Terms and Conditions” means the terms and conditions relating to membership of our app and/or our site and on which we supply on which we supply POP BOOK products to you which can be found at http://popbook.eu/terms-and-conditions   

"Software" has the meaning given in clause 16.

"we/us" means Fujifilm UK Limited.

"you" means the individual using our app and/or our site.

2. INFORMATION ABOUT US

The POP BOOK app & website are operated by Fujifilm UK Limited ("we/us") and POP BOOK is a trading name of Fujifilm UK Limited. We are registered in England and Wales under company number 01264514 and have our registered office at St Martins Business Centre, St Martins Way, Bedford, MK42 0LF.

To contact us, please email us@popbook.eu

3. ACCESSING OUR APP & OUR SITE

Access to our app and/or our site is permitted on a temporary basis, and we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services we provide on our app and/or our site (in whole or in part) with or without notice (see below). We will not be liable to you or any third party if for any reason our app and/or our site is unavailable at any time or for any period or for any modification, suspension or discontinuance of such services.

From time to time, we may restrict access to some parts of our app and/or our site, or our entire app and/or our entire site, to users who have registered with us.

In order to use our app, you must obtain access to the internet through a mobile or other device that accesses web-based content and is capable of running apps. In order to use our site, you must obtain access to the internet through a computer, tablet or other device that accesses web-based content. You must provide such computer, tablet, mobile or other device and pay for any service and/or telephony fees associated with such access.

In summary you are responsible for making all arrangements necessary for you to have access to our app and/or our site.

4. SUPERVISING CHILDREN

We are concerned about the safety and privacy of all users of our app and/or our site, particularly children. For this reason, parents who wish to allow their children access to the services we provide on our app and/or our site should supervise their access to such services. By allowing your child access to such services, you accept that they will be able to access all of such services. Please remember that these services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of such services and/or Content are appropriate for your child. Children who are using our app and/or our site should be made aware of the potential risks to them and their obligation to comply with these Terms of Use when using our app and/or our site.

5. PRIVACY POLICY

We process information about in accordance with our Privacy Policy. For more information, please see our full privacy policy at http://popbook.eu/privacy-policy. By using our app and/or our site, you consent to such processing and you warrant that all data provided by you is accurate.

6. MEMBER CONDUCT

Whenever you make use of a feature that allows you to upload material to our app and/or our site, or to make contact with other users of our app and/or our site, you must comply with the content standards set out in the Terms and Conditions. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our app and/or our site.

We have the right to remove any material or posting you make on our app and/or our site if, in our opinion, such material does not comply with the content standards set out in the Terms and Conditions.

7. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our app and/or our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our app and/or our site, or by anyone who may be informed of any of its contents.

8. OUR APP AND OUR SITE CHANGE REGULARLY

We aim to update our app and our site regularly, and may change the content at any time. If the need arises, we may suspend access to our app and/or our site, or close it indefinitely. Any of the material on our app and/or our site may be out of date at any given time, and we are under no obligation to update such material.

9. SPECIAL TERMS FOR INTERNAATIONAL USE

Recognising the global nature of the internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

10. INDEMNITY

You agree to indemnify and hold us and our fellow FUJIFILM Group companies and our and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through our app and/or our site, your use of the services we provide on our app and/or our site, your connection to such services, your breach of these terms of use, or your breach of any rights of a third party.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services we provide on our app and/or our site, use of such services, or access to such services.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of the services we provide on our app and/or our site, including without limitation the maximum number of days that forum postings or other uploaded Content will be retained by our app and/or our site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access such services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by such services. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. TERMINATION

You agree that we, in our sole discretion, may terminate your use of the services we provide on our app and/or our site, and remove and discard any Content within such services, for any reason including, without limitation, if we believe that you have breached or acted inconsistently with the letter or spirit of these terms of use. We may also, in our sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.

You agree that any termination of your access to such services under any provision of these terms of use may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to such services.

14. LINKS FROM OUR APP AND/OR OUR SITE

Our app and/or our site may provide, or third parties may provide, links to other internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. LINKING TO OUR APP AND/OR OUR SITE

You may provide a link to our app on any application distribution platform so as to facilitate downloading of our app and you may provide a link to our site but only to the home page, provided that, in either case, you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website or application that is not owned by you.

Neither our app nor our site must be framed on any other site or in any other application, nor may you create a link to any part of our app directly or to any part of our site directly other than the home page. We reserve the right to withdraw linking permission without notice.

The website or application from which you are linking must comply in all respects with the Content standards set out in these terms of use.

If you wish to make any use of material on our app and/or our site other than that set out above, please address your request to us@popbook.eu

16. OUR PROPRIETARY RIGHTS

You acknowledge and agree that the services we provide on our app and/or our site and any necessary software used in connection with such services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through our app and/or our site and the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our app and/or our site or the Software, in whole or in part.

You agree not to access such services by any means other than through the interface that is provided by us use in accessing such services.

You must not use any part of the materials on our app and/or our site for commercial purposes without obtaining a licence to do so from us or our licensors.

17. LEGAL NOTICES

You expressly acknowledge and agree that:

  • Your use of our app and/or our site is at your sole risk. The services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we and our fellow FUJIFILM Group companies and third parties connected to us expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of such services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
  • We make no warranty or representation that: (i) the services we provide on our app and/or our site will meet your requirements; (ii) such services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of such services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through such services will meet your expectations; and (v) any errors in the Software will be corrected.
  • Any material downloaded or otherwise obtained through the use of our app and/or our site is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile device or computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from us or through or from our app and/or our site shall create any warranty or other obligation not expressly stated in these terms of use.

18. LIMITATION ON OUR LIABILITY

The material displayed on our app and/or our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our fellow FUJIFILM Group companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect, special, consequential or exemplary loss or damage (even if we have been advised of the possibility of such damages) including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or wasted management or office time, resulting from: (i) the use, inability to use, or results of the use of our app and/or our site or any services provided on our app and/or our site, any websites or resources linked to it and any materials posted on it; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on such services; or (iv) any other matter relating to our app and/or our site or such services, in each case whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our app and/or our site or these terms of use must be filed within 1 year after such claim or cause of action arose.

19. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our app and/or our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app and/or our site, the server(s) on which our app and/or our site is stored or any server, computer or database connected to our app and/or our site. You must not attack our app and/or our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app and/or our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, computer programs, data or other proprietary material due to your use of our app and/or our site or to your downloading of any material posted on it, or on any website or other resource linked to it.

20. NOTICES

Notices to you may be made via either email or regular mail. Our app and/or our site may also provide notices of changes to these terms of use or other matters by displaying notices or links to notices to you generally on our app and/or our site.

21. TRADEMARK INFORMATION

FUJIFILM, the FUJIFILM logo, POP BOOK, the POP BOOK logo(s) and any other FUJIFILM product and/or service names that appear on our app and/or our site are trademarks of FUJIFILM Corporation and/or its subsidiaries. Without FUJIFILM Corporation's prior written permission, you agree not to display or use such marks, logos and/or branding.

22. COPYRIGHT CONCERNS

We respect the intellectual property of others, and we ask users of our app and/or our site to do the same. If you believe that any of your intellectual property rights have been infringed on our app and/or our site, please report the problem to us@popbook.eu

23. GENERAL INFORMATION

These terms of use (including the Rules and other policies) constitute the entire agreement between you and us and govern your use of our app and/or our site and the services provided on them, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, our app and/or our site and the services provided on them although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.

Any failure by us to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.

If any provision of these terms of use 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 these terms of use shall remain in full force and effect.

Neither you nor we may assign or transfer any rights or obligations under these terms of use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of our fellow FUJIFILM Group companies.

The section titles in these terms of use are for convenience only and have no legal or contractual effect.

24. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our app and/or our site.

Copyright © 2014 FUJIFILM UK Limited. All rights reserved.