Terms and Conditions

Fuji SmartPix Photo Order Software

It is impossible for the Company to assess the value of images supplied by the customer and the charges made for our services do not reflect or incorporate unlimited liability. Customers should insure work of special value and advise us accordingly. All orders for printing are accepted on the basis that their value does not exceed the cost of the printed material. In the unlikely event of loss or damage, whether caused by negligence or otherwise, liability is limited to the cost of an equivalent amount of print products and refund of any service charges paid.

We cannot be held liable for any loss, damage or delay to your work which might be caused by any delivery or postage service.

This software is provided free of charge to enable you to view and edit your images. In addition the software provides access to online services, such as Internet Printing, which are governed by our Terms and Conditions. You will be prompted to accept or decline the Terms and Conditions for these services at the time of using them.

By using this software you agree to comply with and be bound by these terms and conditions ('the Agreement'). Therefore, please review this Agreement carefully. If you do not agree with this Agreement do not use this software.


1. Definitions

In this Agreement we use these expressions, which have the following meanings (unless otherwise stated):

'We' means Frosts Digital Imaging Centre Ltd.
The 'Agreement' means these terms and conditions.
The 'Services' means any of the services that can be launched from the Software such as photo-quality printing via the Internet.
The 'Software' means the image viewer software.


2. License

Subject to the other terms and conditions of this Agreement, we hereby grant to you a non-exclusive, non-transferable right to use the Software for the purposes set out in clause 3. You may install unlimited copies of the Software on computers for which the Software was designed.


3. Use of the Software

The Software is intended for the viewing, editing and organising of images and to access services such as photo-quality printing via the Internet. You shall not use the Software for any other purpose.


4. Limitations to use

You will not use the Software for any of the following purposes:

(a) any purposes whatsoever which are unlawful, which might encourage conduct constituting a criminal offence, or which might constitute or give rise to the misleading or deception of any person;
(b) any purposes which are abusive, threatening, harmful, vulgar or obscene or which may constitute or encourage harassment or be otherwise objectionable;
(c) use of any copyrighted material without the express permission of the copyright holder.

You may not sell, lease, license, rent or loan the Software, without our consent. You may not modify, reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly permitted by applicable law.
The Software is not designed or intended for use in hazardous environments requiring fail-safe performance.
we shall decide, at our discretion, whether your use of the Software constitutes any breach of the above restrictions.


5. Use of third party websites and software

We may make software or services owned or operated by third-party companies available to you on the Software. You must only use such software or the Services in accordance with their terms and conditions of use.

We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the content of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. We have no control over and will accept no responsibility or liability for the material on any website not under our direct control or jurisdiction.

Your participation in promotions or correspondence or business dealings with advertisers (including without limitation professional photographers) found on or through any of the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on or through the Services.


6. DISCLAIMER

- THE SOFTWARE IS LICENSED FREE OF CHARGE ON CONDITION THAT YOU COMPLY WITH ALL OF THESE TERMS AND CONDITIONS AND BACK UP ALL OF YOUR DATA -

- FROSTS DIGITAL IMAGING CENTRE LTD WILL NOT BE LIABLE FOR ANY BUSINESS LOSSES SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION -

- FROSTS DIGITAL IMAGING CENTRE LTD WILL NOT BE LIABLE FOR LOSSES THAT WERE NOT FORESEEABLE -

- FROSTS DIGITAL IMAGING CENTRE LTD WILL NOT BE LIABLE FOR LOSSES THAT WERE NOT CAUSED BY ANY BREACH OF FUJIFILM'S OBLIGATIONS -

- THESE TERMS AND CONDITIONS DO NOT AND SHALL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER -


7. Copyright

There are copyright laws to prevent people from reproducing images and photographs unless they own the copyright or are authorised by the copyright owner. In the simplest terms, the copyright owner is the person who created the image or photographed the image.


8. Intellectual property

All brand names, product and service names, titles and copyrights, and any other intellectual property rights comprised and/or used in the Software are the trademarks, trade names, service marks, copyrights or other intellectual property of their respective holders. We give no permission for their use by any person other than such holders, and such use may constitute an infringement of the holders' rights.


9. Indemnity

You agree to indemnify us and our associated companies, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of problems caused by your violation of this Agreement.


10. Third party liability

Save as specifically provided herein, no person who is not a party to this Agreement shall have any rights under The Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision herein.


11. Governing law

This Agreement shall be governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts.