THE WORLD OF GFX SERIES
The World of GFX
Your access to, browsing and/or use of this site are subject to the following Terms & Conditions, this site’s Privacy Policy, any other terms, conditions or guidelines set out elsewhere in this site, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, pornography, defamation, and Export Controls laws. By using this site, you accept and agree to be bound by the above and the following Terms & Conditions.
is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FUJIFILM is not responsible for webcasting or any other form of transmission received from any Linked Site nor is FUJIFILM responsible if the Linked Site is not working appropriately. FUJIFILM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FUJIFILM of the site or any association with its operators. The Linked Site may contain its own privacy policy governing the collection and use of your information, and FUJIFILM is not responsible for the use of any information submitted to the Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the FUJIFILM website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. FUJIFILM shall not be responsible or liable for any part of any such dealings or promotions.
Our Commitment to Privacy. FUJIFILM North America Corporation (Fujifilm) cares about your privacy. This Privacy Policy will help you better understand the online information practices that apply when visiting Fujifilm’s site and the choices you can make about the way your personal information is collected and used.
Through Fujifilm’s site, you will be able to link to sites maintained by Fujifilm’s subsidiaries and affiliated companies, as well as unaffiliated third party sites. As more fully described below, each of these sites may be governed by a different privacy policy or statement. We suggest you check the privacy button typically located on each web page to access and review the applicable privacy policy or statement. For your convenience, we have posted links to privacy policies maintained by our subsidiaries on this page. Since privacy policies or statements may be changed periodically, we also suggest that you occasionally re-visit them.
The Information We Collect.
The information we learn from visitors to Fujifilm’s site helps us improve our site and provide better service to you. The information we collect falls into two broad categories: (1) information you voluntarily provide to us and (2) information that is automatically collected.
Information you voluntarily provide to us. Generally, you can visit Fujifilm’s site without providing any personal information such as your name, mailing or email addresses, phone or fax numbers or credit card information. However, on some pages, we may request personal information in order to provide a service or carry out a transaction requested by you. We may also ask for feedback relating to our goods or services. Participation is voluntary and you are not required to provide this information. However, if you choose not to participate, we may not be able to perform a requested service or complete a transaction.
For example, you may be asked to provide your name, email address, mailing address and phone number when you create an account with us, enter a sweepstakes or contest, sign up for a newsletter, request product information or a product brochure, or correspond with us via email. To order products or services, you may be asked to provide additional information, including credit card information. You may also need to provide information for product warranty purposes.
While we sometimes store information you voluntarily provide to us, we generally will not provide that information to any third party or use the information for an undisclosed purpose except as otherwise noted at the point where the information is collected. To fulfill your orders for products and/or services, information you provide may need to be transmitted to and/or collected by a third party that provides services on our behalf, and, in such instances, we will make appropriate efforts to ensure that such providers do not further distribute your information such as requiring the third party provider to enter into a nondisclosure agreement. In addition, we may disclose information about you when we are required to do so (i) under applicable law or by legal process such as a court order, (ii) to prevent physical harm or property damage or (iii) as part of an investigation of suspected or actual unlawful conduct.
Information Collected Automatically.
We also collect and store certain non-personal information that is generated automatically as you navigate through our site. Like many other companies, we use a standard feature found in browser software called a “cookie” that enables us to place bits of text on your hard drive for record-keeping purposes. By showing how and when visitors use our site, cookies help us track user trends and patterns. They also relieve you from having to re-enter your preferences on certain areas of the site where you have previously entered preference information. We also use web beacons (also known as
“single-pixel GIFs”) to access cookies and to count users who visit our site or open email messages. We collect information about your computer’s connection to the Internet to allow us, among other things, to improve the delivery of our web pages to you and to measure traffic on our site. We sometimes use the non-identifying and aggregate information that is collected as described above to enhance the design of our site and help us understand the needs of our visitors.
Links to Third Party Sites.
This site may contain links to third party sites that are not under the control of or maintained by Fujifilm or our subsidiaries or affiliates. While we try to only link to sites that share our standards and privacy concerns, Fujifilm does not control and we are not responsible for the content, security, privacy policies or the operation of third party sites. Further, if you opt to engage in transactions on third party sites linked to this site, such as purchases or promotions, we are not responsible and you must deal with the third party operators of such sites if any issues arise. As mentioned above, when visiting any site we suggest that you routinely review the applicable privacy policy or statement and other posted terms and conditions to understand your rights and options.
Opting Out, Corrections and Contacting Us.
Occasionally, we will offer you the opportunity to “opt-out” or elect not to receive further emails from us. Generally, we will provide you an opportunity to opt-out at the point when you are asked to complete a user registration. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, we recognize that there may be times when you want to correct your personal information or have other concerns. Accordingly, we invite you to contact us should you have any such concerns regarding your information or our Privacy Policy and we will try and help you. Contact should be made via email at webquestions@fujifilm.com.
Our Special Commitment to Children’s Privacy.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our site from users who we actually know to be under the age of 13. Do Not Track. “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests at this time.
Consent.
By accessing, browsing or otherwise using this site or any other site covered by this Privacy Policy, you are consenting to the collection, storage and disclosure of information as described in this Privacy Policy and our Terms of Use.
Changes to the Privacy Policy.
Fujifilm reserves the right to change, amend, or update this Privacy Policy. If we do decide to change our Privacy Policy, we will post the revised Privacy Policy. On return visits to our site, please remember to review the Privacy Policy for any changes, since continued use of our site after any posted revision indicates your consent to our use your information in accordance with the changed, amended, or updated Privacy Policy.
Thank you for visiting Fujifilm’s site.
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1. No Purchase Necessary. NO PURCHASE IS NECESSARY to enter the FUJIFILM X/GFX USA Website X100F Sweepstakes (the “Sweeps”). This Sweeps is being conducted by FUJIFILM North America Corporation of 200 Summit Lake Drive, Valhalla, NY 10595 and its promotional agencies (“Sponsor”). All determinations of the Sponsor regarding this Sweeps shall be final. A copy of these Official Rules can be found online at www.FUJIFILMXGFXUSA.com/sweepstakes-official-rules and a copy may be obtained via email by contacting us at hlus.xseries@fujifilm.com on or before September 30, 2019.
2. Time Period and Eligibility. This Sweeps consists of three (3) separate entry periods (each, a “Sweeps Entry Period”) as set forth in the chart below. A “Sweeps Entry Period” is defined as beginning at 12:00:01 a.m. ET on the applicable Start Date and ending at 11:59:59 p.m. ET on the applicable End Date. Entries will be automatically “rolled over” into the next Sweeps Entry Period unless Sponsor is specifically notified in writing by email at hlus.xseries@fujifilm.com that you do not wish to be entered into the next Sweeps Entry Period. For clarity, you will be entered into the Sweeps for the current Entry Period into which you enroll, and then you will be automatically entered into all subsequent Entry Periods, as long as you continue to be a registered user of the FUJIFILM X/GFX USA Website for the entire duration of the subsequent Entry Periods.
| Sweeps Entry Period | Start Date (12:00:01 AM ET) |
End Date (11:59:59 PM ET) |
Approximate Date of Winner Selection and Announcement |
| Entry Period 1 | October 1, 2018 | January 31, 2019 | February 15, 2019 |
| Entry Period 2 | February 1, 2019 | May 31, 2019 | June 15, 2019 |
| Entry Period 3 | June 1, 2019 | September 30, 2019 | October 15, 2019 |
The Sweeps is open to all legal residents of the USA only, who are at least 18 years of age at time of entry. Employees and the immediate family members of Sponsor (meaning spouses, parents, siblings and children living in the same household) are not eligible to enter or win. Void in Puerto Rico, Canada and wherever prohibited by law. Sweeps is subject to all applicable laws
3. How to Enter the Sweeps. To enter during any given Sweeps Entry Period, fill out your first and last name and email address to register your profile on the Site. Registration of your profile on the Site will be valid for one entry in the current Entry Period, and then one entry in each of the applicable Sweeps Entry Periods. Limit 1 profile on the Site per person, and 1 entry in the Sweeps per person, per email address, per Sweeps Entry Period. As referenced above, unless you notify Sponsor that you do not wish to be entered in the Sweeps relating to subsequent Entry Periods, entry in one Sweeps Entry Period automatically enters you in all subsequent Sweeps Entry Periods, and the pool of entrants for each Entry Period will be the aggregate pool of received registrations / profiles from the Site at the time of the Winner Selection referenced.
By entering, entrants in the Sweeps agree to be fully bound by these Official Rules and Sponsor’s determinations, which in all instances shall be final. By entering, each entrant agrees to release Sponsor from all liability relating to this Sweeps, or participation in it. All entries will become the property of Sponsor. Sponsor will not answer any communications regarding entries. Sponsor is not responsible for any failure of the Site or of any computer system during any Sweeps Entry Period, including without limitation any technical malfunction of any computer on-line systems or servers, or failure of any entry to be received on account of technical problems or traffic congestion on the Internet, or otherwise any issue which may affect an entrant’s ability to participate in the Sweeps.
4. Odds of Winning, Selection of Winners, and Prizes. One (1) grand prize winner will be selected by Sponsor during each Sweeps Entry Period from the pool of all eligible entries. The Sweeps prize winner will be selected at random in a random drawing by Sponsors held at 200 Summit Lake Drive, Valhalla, NY 10595 or as otherwise determined by Sponsor, from all eligible and valid entries applicable to each Sweeps Entry Period. Drawing will be conducted on or about each referenced Winner Selection Date above. Alternate winner will be selected at the same time. Each grand prize winner will receive a FUJIFILM X100F Digital Camera. The total approximate value of each grand prize and the approximate value of the prizes to be awarded in connection with each Entry Period is $1,299.95. The approximate aggregate value of all prizes to be awarded across all three Entry Periods is $3,899.95.
Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. No cash substitution or transfer of prize by prize winner will be permitted. Prize Winners are permitted to win in multiple Sweeps Entry Periods. Odds of winning will be based on the number of eligible entries applicable in each Sweeps Entry Period. All federal, state, and local taxes are the responsibility of the prize winner, and Prize winner will be required to provide social security number as necessary as a condition to receiving prize. Please allow 4-6 weeks after winner notification and validation for delivery of prize. Prize may not be redeemed for cash, substituted or transferred by winner. You are not an official Sweepstakes prize winner until you are successfully validated, you have duly received an official notification of your winning status from Sponsor, and you have signed and returned any necessary Affidavit of Eligibility and Liability Release documentation as referenced below.
5. Prize Notification and Acceptance. Each prize winner will be notified by email that he/she is a selected winner. The potential winner may be required to sign, notarize and return if and when requested an Affidavit of Eligibility and Liability Release confirming the winner’s identification and eligibility, providing winner’s social security number, releasing Sponsors from liability relating to the prize awarded, and providing Sponsors with the right to obtain (upon Sponsor’s request) and display and use a photo of the winner, as well as his or her name and city/state of residence on Sponsors’ website, Facebook or social media sites, and in related promotional materials. Documents returned by fax or electronically will have the same force and effect as original documents. If such documents are not returned within five (5) business days of the date sent, or if any prize notification is returned as non-deliverable or the winner is found to be ineligible or not in compliance with these Official Rules, disqualification may result and prize will be awarded to the selected alternate. In the event of a dispute as to identity of any entrant, the actual individual named on the online entry form will be deemed to be the official entrant unless otherwise determined by the Sponsors. Sponsors will not be responsible for any liability or any injury, loss or damage of any kind to or of any person or property (including, without limitation, death of any person), arising in whole or in part, directly or indirectly, from the failure to claim any prize, or for the acceptance, possession, use or misuse of a prize, participation in any Sweeps-related activity, or participation in the Sweeps. The limited warranty, if any, that accompanies any prize awarded will be the sole remedy available to the prize winners regarding any prize that is provided in connection with the Sweeps.
6. Right to Cancel or Suspend Sweepstakes. If for any reason the Sweeps is not capable of running as planned, including without limitation due to technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweeps, Sponsor reserves the right to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Sweeps (or any particular Sweeps Entry Period) and randomly select the winners from valid entries received that are unaffected by the problem, if any.
7. Void Where Prohibited and Disputes. This Sweepstakes is void where prohibited. Disputes relating to this Sweepstakes shall be commenced exclusively within the state of New York, governed by the laws of the state of New York, without regarding to conflict of laws provisions, and will be resolved by binding arbitration before an arbitrator appointed by the American Arbitration Association, provided that applicable law will be applied in any adjudication or arbitration proceeding.
8. Prize Winners. A full list of Sweeps winners may be obtained by sending a SASE to: FUJIFILM X/GFX USA Website X100F Sweepstakes Prize Winner’s List, FUJIFILM North America Corporation, 200 Summit Lake Drive, Valhalla, NY 10595 by November 30, 2019.
X Series FPS Program Description:
Standard Program Fee: $299 participation fee per year, applicable from paid membership activation.
Special 2-Year Program Fee: $399 participation fee for two-year term, applicable from paid membership activation. Note that this special pricing is subject to termination by Fujifilm at any time without notice.
As Add-On to GFX FPS Program Subscription: GFX FPS Program members will receive the X Series FPS benefit in addition to the GFX FPS Program at no charge, for the duration of their existing GFX FPS membership.
Program Eligibility Requirements:
As of the time of subscription, participant must own FUJIFILM X Series digital camera products from Exhibit A which total an aggregate of at least 10 points (based on the respective point values then-referenced in Exhibit A) AND at least two (2) XF lens products OR one (1) MKX lens product, all of which were registered at www.RegisterMyFujifilm.com. Program sign-up is subject to registration verification. Membership is personal to the member and is non-transferrable.
Note that Exhibit A is subject to adjustment by Fujifilm from time to time.
Once Program registration has been completed, the X Series FPS Program will also apply to all X Series digital camera and XF lens products that were previously, or are hereafter (during the Program Term) purchased by the participant and that are properly registered within 90 days of such purchase, for the applicable Program Term, provided that only the X Series digital camera products referenced on Exhibit B at any given time will be “Covered Products” and subject to check and clean service and repair service in connection with the FPS Program. Exhibit B is subject to adjustment from time to time to add new and to remove various discontinued X Series and XF/MKX lens products. .
Participant must be at least 18 years of age, and must reside in the United States, Puerto Rico or the District of Columbia, excluding other US territories. Note: Puerto Rico, Hawaii and Alaska consumers do not qualify for guaranteed 2 business day shipping benefit.
Participation is subject to these X Series FPS Program Description and Terms and Conditions as well as the general terms and conditions of the Program and other terms that Fujifilm may designate from time to time.
X Series FPS Program Welcome Kit (to be sent upon confirmation of registration):
NOTE: Puerto Rico, Alaska and Hawaii consumers do not qualify for 2 business day shipping benefit.
REPAIR SERVICE TERMS AND CONDITIONS
1. Warranty and Out of Warranty Repair Service
2. Shipping
X Series FPS Program Terms and Conditions
The following terms and conditions are applicable to participation in the FUJIFILM Professional Services Program for X Series Products:
1. Eligibility for Membership and Participation. Only consumers (i) who are legal residents of the United States, Puerto Rico, and the District of Columbia, (ii) who are at least 18 years of age at the time of registration, (iii) who have registered at www.RegisterMyFujifilm.com, and have signed up for the X Series FPS Program relating to FUJIFILM X Series digital camera products from Exhibit A which total an aggregate of at least 10 points (based on the respective point values then-referenced in Exhibit A) AND at least two (2) XF lens products OR one (1) MKX lens product, (iv) who have paid the required and applicable participation fee, and (v) who are accepted by Fujifilm (at its discretion), are permitted to participate in the X Series FPS Program. The X Series FPS Program is not available to consumers residing within other US territories. Note: Puerto Rico, Alaska and Hawaii consumers do not qualify for guaranteed 2 business day shipping benefit.
Note that Exhibit A is subject to adjustment by Fujifilm from time to time.
Once a consumer is a member in the X Series FPS Program, any additional X Series digital camera or XF or MKX lens products which are then-listed on Exhibit B and that that consumer purchases and registers at www.RegisterMyFujifilm.com within 90 days of purchase may be added to the Program as a “Covered Product” for any remainder of that consumer’s applicable Program Term as well.
All FUJIFILM X Series digital camera and XF or MKX lens products which are purchased and registered by a consumer within 90 days of purchase are eligible to become Covered Products pursuant to the X Series FPS Program, subject to the following exclusions. The following described products are not “Covered Products” and may not receive benefits under the X Series FPS Program in any instance:
2. Registration. Participants hereby represent and warrant that all of the information submitted during the registration process is true and accurate and that he or she meets all eligibility requirements required pursuant to the X Series FPS Program Terms and Conditions. In the event that any information submitted is found to be untrue or inaccurate, Fujifilm may terminate your participation in the Program without a refund of any portion of the paid participation fee. In addition, all participants are responsible to keep all registration information up to date, including contact information (mailing address, email address, phone numbers, etc.) so that X Series FPS Program notices (including renewal notices) may be provided. If the contact information is not kept up to date, Fujifilm will not be responsible for notices or other mailings or shipments that are not received.
3. Term. The initial term of the X Series FPS Program is generally one (1) year from the date of paid membership activation (or 2 years if the 2-year Special Program is purchased, while available). Fujifilm will use reasonable efforts to contact each participant by email roughly 30 days prior to expiration of the initial Program Term or any renewal Program Term to ask whether the participant wishes to renew participation in the X Series FPS Program for another year at the stated renewal fee, which is subject to change. In the event Fujifilm does not receive a response that the participant absolutely wishes to renew, the participant’s membership in the X Series FPS Program will be deemed to terminate upon expiration of the initial or applicable renewal term, and reinstatement will only be permitted once the participation fee applicable to new participants has been paid.
4. Termination of Participation. You understand and agree that although you can cancel your participation in the X Series FPS Program at any time, you will not under any circumstance be entitled to receive any refund of the paid participation fee from Fujifilm. In the event of your failure to adhere to any of the X Series FPS Program Terms and Conditions, Fujifilm may terminate your participation the X Series FPS Program without any further obligation to you.
5. Loaned Equipment. Any requests for loaned X Series equipment during any period of time your Covered Products are in for repair will be subject to Fujifilm’s approval and its available in-stock inventory. You acknowledge and agree that any provided Loaned Equipment is loaned solely for your use in accordance with these X Series FPS Program Terms and Conditions and other instructions provided by Fujifilm. All Loaned Equipment will be fully operational and in good working condition, but such Loaned Equipment may in various instances include scuffs, scrapes and scratches. No SD Card, battery charger, or other accessories will generally be provided. The Loaned Equipment is owned by Fujifilm at all times and may not be loaned, sold, encumbered or otherwise transferred by you to any third party for any reason. You agree to use the Loaned Equipment in accordance with the provided Fujifilm product manual or instructions. Under no circumstances may you perform any maintenance or repair on the Loaned Equipment. If maintenance or repair is necessary, you will be expected to contact Fujifilm for further instructions.
Fujifilm will provide the Loaned Equipment to you via Federal Express or a similar overnight delivery carrier. A prepaid shipping label will be included for your return of the Loaned Equipment. You are expected to retain all packaging materials originally provided to you in order to ensure proper packing of the Loaned Equipment for return to Fujifilm, and you will be responsible for any damage or loss to the Loaned Equipment incurred during return shipping. You are expected to remove your SD card prior to return of the Loaned Equipment, and you acknowledge that Fujifilm shall have no responsibility for any damage or loss to any SD card that is returned with the Loaned Equipment, or for any images on such SD Card. You acknowledge that Fujifilm reserves the right to recall any item of Loaned Equipment, for any reason, at any time upon notice to you, and in that event you agree to promptly return the Loaned Equipment. Otherwise, you will promptly return the Loaned Equipment upon your receipt of the Covered Product that was sent in for Fujifilm’s repair, within 3 business days of your receipt of your repaired equipment.
You agree to timely return the Loaned Equipment as directed by the terms above, in good condition, reasonable wear and tear excluded. You agree to protect the Loaned Equipment against shock, impact, water or weather damage, sand, dirt, and other harmful substances which may cause damage to the Loaned Equipment, and other situations and climates that may cause damage to the Loaned Equipment. You acknowledge that you will bear all risk of loss or damage to the Loaned Equipment while in your possession and until its return to Fujifilm, including any damage caused by improper packaging of the Loaned Equipment for its return as noted above. You agree to reimburse Fujifilm for the cost of any repairs to, or replacement of, the Loaned Equipment necessitated by damage to the Loaned Equipment while on loan, including any damage or loss caused by theft, improper use, improper shipping or handling, or improper packaging of the Loaned Equipment for its return. You authorize Fujifilm to charge your credit card for any charges owed due to theft, loss or damage to the Loaned Equipment. Failure to return the Loaned Equipment will result in a charge equal to the full retail replacement value of the Loaned Equipment as determined by Fujifilm.
You acknowledge and agree that the Loaned Equipment is loaned to you without any warranty and “AS IS”. THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE USE OR PERFORMANCE OF THE LOANED EQUIPMENT, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUJIFILM SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PROFITS, ECONOMIC LOSS, LOST OPPORTUNITY, COST OF COVER, DAMAGE TO REPUTATION OR GOODWILL), ARISING IN ANY WAY OUT OF THE PROVISION, USE OR INABILITY TO USE ANY LOANED EQUIPMENT, OR OTHERWISE RELATING TO THE X SERIES FPS PROGRAM.
6. Force Majeure. In the event Fujifilm is unable to carry out the X Series FPS Program services at any time by reason of strike or labor issues, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, utility issues, the threat of terrorist activities, supply shortages, carrier or transportation issues, or any other causes that are beyond the reasonable control of Fujifilm and without its fault or negligence (a “Force Majeure” event), Fujifilm will give you notice to as soon as commercially practicable advising you of the Force Majeure event and the reasons for the delay or non-performance, and make all commercially reasonable efforts to resume performance as soon as possible.
7. Modifications to the X Series FPS Program. The X Series FPS Program may be changed or terminated by Fujifilm at any time by posting updated X Series FPS Program Terms and Conditions on the Fujifilm FPS Program website, or by otherwise notifying participants by email, mail, or other delivery means. In the event that Fujifilm terminates the entire X Series FPS Program with 4 months or less of the expiration date of the initial or any renewal Program Term, there will be no refund of any remaining portion of the paid participation fee.
8. General Terms. The X Series FPS Program Terms and Conditions shall be governed by the laws of the State of New York and any dispute arising hereunder will be resolved in accordance with the laws of the State of New York without reference to its conflict of laws principles. These X Series FPS Program Terms and Conditions (and the Exhibits applicable thereto) shall not be amended or otherwise modified except in a writing authorized by Fujifilm’s authorized senior management (email or website postings being acceptable). In the event any of these Terms are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Terms will remain in full force and effect. Neither your participation nor any X Series FPS Program benefits may be assigned or otherwise transferred to another party, and any attempted assignment or transfer shall be void. Any waiver of any breach or failure to enforce any of these X Series FPS Program Terms and Conditions shall not in any way affect, limit or waive Fujifilm’s right thereafter to enforce and compel strict compliance with every term and condition hereof. These X Series FPS Program Terms and Conditions, together with the Program Description and Terms and Conditions, the Repair Service Terms and Conditions, the then-current Exhibit A and Exhibit B lists of applicable Covered Products and point values, and any other document Fujifilm may designate from time to time as part of the X Series FPS Program, constitutes the entire agreement relating the X Series FPS Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.
GFX FPS Program Description:
$499 participation fee per year, applicable from paid membership activation.
Program Eligibility Requirements:
Participant must own no less than one (1) FUJIFILM GFX digital camera body and one (1) GF lens product, each of which were registered at www.RegisterMyFujifilm.com within 90 days of purchase. Program sign-up is subject to registration verification. Membership is personal to the member and is non-transferrable.
Participant must sign up for the GFX FPS Program within 90 days of purchase of a GFX System product. Once registration has been completed, the GFX FPS Program will apply to all GFX System products that are subsequently purchased by the participant and that have been properly registered within 90 days of purchase, for the remaining applicable Program Term.
Participant must be at least 18 years of age, and must reside in the continental United States or the District of Columbia, excluding Alaska, Hawaii, Puerto Rico or the US territories.
Participation is subject to the GFX FPS Program Terms and Conditions as well as the general terms and conditions of the Program and other terms that Fujifilm may designate from time to time.
GFX FPS Program Welcome Kit (to be sent upon confirmation of registration):
REPAIR SERVICE TERMS AND CONDITIONS
relating to an SD card or accessory sent in with a Covered Product for warranty or repair service.
2. Shipping
GFX FPS Program Terms and Conditions
The following terms and conditions are applicable to participation in the FUJIFILM Professional Services Program for GFX System Products:
The initial GFX digital camera and GF lens product registered by a consumer upon purchase of the GFX FPS Program will be “Covered Products” under the GFX FPS Program for the Program Term. In addition, once a consumer is a member in the GFX FPS Program, any additional GFX digital camera or GF lens products that that consumer purchases and registers at www.RegisterMyFujifilm.com within 90 days of purchase may be added to the Program as a “Covered Product” for any remainder of that consumer’s applicable Program Term as well.
All FUJIFILM GFX digital camera and GF lens products which are purchased and registered by a consumer within 90 days of purchase are eligible to become Covered Products pursuant to the GFX FPS Program, subject to the following exclusions. The following described products may not receive benefits under the GFX FPS Program in any instance:
2.Registration. Registrants hereby represent and warrant that all of the information submitted during the registration process is true and accurate and that he or she meets all eligibility requirements required pursuant to the GFX FPS Program Terms and Conditions. In the event that any information submitted is found to be untrue or inaccurate, Fujifilm may terminate your participation in the Program without a refund of any portion of the paid participation fee. In addition, all participants are responsible to keep all registration information up to date, including contact information (mailing address, email address, phone numbers, etc.) so that GFX FPS Program notices (including renewal notices) may be provided. If the contact information is not kept up to date, Fujifilm will not be responsible for notices or other mailings or shipments that are not received.
3. Term. The initial term of the GFX FPS Program is one (1) year from the date of paid membership activation. Fujifilm will contact each participant by email roughly 30 days prior to expiration of the initial or any renewal term to ask whether the participant wishes to renew participation in the GFX FPS Program for another year at the same participation fee. In the event Fujifilm does not receive a response that the participant absolutely wishes to renew, the participant’s membership in the GFX FPS Program will be deemed to terminate upon expiration of the initial or applicable renewal term, and reinstatement will only be permitted once the participation fee applicable to new participants has been paid.
4. Termination of Participation. You understand and agree that although you can cancel your participation in the GFX FPS Program at any time, you will not under any circumstance be entitled to receive any refund of the paid participation fee from Fujifilm. In the event of your failure to adhere to any of the GFX FPS Program Terms and Conditions, Fujifilm may terminate your participation the GFX FPS Program without any further obligation to you.
5. Loaned Equipment. Any requests for loaned GFX System equipment during any period of time my Covered Products are in for repair will be subject to Fujifilm’s approval and its available in- stock inventory. You acknowledge and agree that any provided Loaned Equipment is loaned solely for your use in accordance with these GFX FPS Program Terms and Conditions and other instructions provided by Fujifilm. All Loaned Equipment will be fully operational and in good working condition, but such Loaned Equipment may in various instances include scuffs, scrapes and scratches. No SD Card, battery charger, or other accessories will generally be provided. The Loaned Equipment is owned by Fujifilm at all times and may not be loaned, sold, encumbered or otherwise transferred by you to any third party for any reason. You agree to use the Loaned Equipment in accordance with the provided Fujifilm product manual or instructions. Under no
circumstances will you perform any maintenance or repair on the Loaned Equipment. If maintenance or repair is necessary, you will be expected to contact Fujifilm for further instructions.
Fujifilm will provide the Loaned Equipment to you via Federal Express or a similar overnight delivery carrier. A prepaid shipping label will be included for your return of the Loaned Equipment. You are expected to retain all packaging materials originally provided to you in order to ensure proper packing of the Loaned Equipment for return to Fujifilm, and you will be responsible for any damage or loss to the Loaned Equipment incurred during return shipping. You are expected to remove your SD card prior to return of the Loaned Equipment, and you acknowledge that Fujifilm shall have no responsibility for any damage or loss to any SD card that is returned with the Loaned Equipment, or for any images on such SD Card. You acknowledge that Fujifilm reserves the right to recall any item of Loaned Equipment, for any reason, at any time upon notice to you, and in that event you agree to promptly return the Loaned Equipment. Otherwise, you will promptly return the Loaned Equipment upon your receipt of the Covered Product that was sent in for Fujifilm’s repair.
You agree to timely return the Loaned Equipment as directed by the terms above, in good condition, reasonable wear and tear excluded. You agree to protect the Loaned Equipment against shock, impact, water damage, sand, dirt, and other harmful substances which may cause damage to the Loaned Equipment, and other situations and climates that may cause damage to the Loaned Equipment. You acknowledge that you will bear all risk of loss or damage to the Loaned Equipment while in your possession and until its return to Fujifilm, including any damage caused by improper packaging of the Loaned Equipment for its return as noted above. You agree to reimburse Fujifilm for the cost of any repairs to, or replacement of, the Loaned Equipment necessitated by damage to the Loaned Equipment while on loan, including any damage or loss caused by theft, improper use, or improper packaging of the Loaned Equipment for its return. You authorize Fujifilm to charge your credit card for any charges owed due to loss or damage to the Loaned Equipment. Failure to return the Loaned Equipment will result in a charge equal to the full retail replacement value of the Loaned Equipment as determined by Fujifilm.
You acknowledge and agree that the Loaned Equipment is loaned to you without any warranty and “AS IS”. THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE USE OR PERFORMANCE OF THE LOANED EQUIPMENT, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUJIFILM SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PROFITS, ECONOMIC LOSS, LOST OPPORTUNITY, COST OF COVER, DAMAGE TO REPUTATION OR GOODWILL), ARISING OUT OF THE PROVISION, USE OR INABILITY TO USE ANY LOANED EQUIPMENT.
6. Force Majeure. In the event Fujifilm is unable to carry out the GFX FPS Program services at any time by reason of strike or labor issues, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, utility issues, the threat of terrorist activities, supply shortages, carrier or transportation issues, or any other causes that are beyond
the reasonable control of Fujifilm without its fault or negligence (a “Force Majeure” event), Fujifilm will give you notice to as soon as commercially practicable advising you of the Force Majeure event and the reasons for the delay or non-performance, and make all commercially reasonable efforts to resume performance as soon as possible.
7. Modifications to the GFX FPS Program. The GFX FPS Program may be changed or terminated by Fujifilm at any time by posting updated GFX FPS Program Terms and Conditions on the GFX FPS Program website, or by otherwise notifying participants by email, mail, or other delivery means. In the event that Fujifilm terminates the entire GFX FPS Program with 4 months or less of the initial or any renewal term remaining, there will be no refund of any remaining portion of the paid participation fee.
8. General Terms. The GFX FPS Program Terms and Conditions shall be governed by the laws of the State of New York and any dispute arising hereunder will be resolved in accordance with the laws of the State of New York without reference to its conflict of laws principles. These GFX FPS Program Terms and Conditions shall not be amended or otherwise modified except in a writing authorized by Fujifilm’s authorized senior management (email or website postings being acceptable). In the event any of these Terms are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Terms will remain in full force and effect. Neither your participation nor any GFX FPS Program benefits may be assigned or otherwise transferred to another party, and any attempted assignment or transfer shall be void. Any waiver of any breach or failure to enforce any of these GFX FPS Program Terms and Conditions shall not in any way affect, limit or waive Fujifilm’s right thereafter to enforce and compel strict compliance with every term and condition hereof. These GFX FPS Program Terms and Conditions, together with and any other document Fujifilm may designate from time to time as part of the GFX FPS Program, constitutes the entire agreement relating the GFX FPS Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.
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