Terms of Use- EXILIM

General Terms and Conditions

Thank you for visiting the web site of Casio Electronics Co Ltd ("Casio", "we" and "us" respectively). You are welcome to browse our site at your convenience. Please be aware that by using our site, you are accepting the terms and conditions below. If you disagree with any of the terms then please do not use our site.

We reserve the right to alter these terms and conditions at any time. Changes will be notified to you using the e-mail address you provide to us (if any) or by an announcement on this site. Your continued use of this site will indicate your agreement to such changes.

This site is strictly for non-commercial use. Unless otherwise stated, all rights in the material on the site (including the screen displays, the content, the text, graphics and look and feel of the site) belong to us or our licensors and you may not distribute or transmit, modify, reuse, or utilize the contents of our site for public or commercial purposes without our written permission.

Unless specifically prohibited by a notice published on any page, you may print a copy of such parts of the pages of the site as you may reasonably require for your own personal non-commercial use provided that any copy has attached to it the relevant proprietary notices and disclaimers.

All non-Casio trade marks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights.

Residence

We control and operate this site from the United Kingdom . We make no representation that any material contained on this site is appropriate for any other jurisdiction. Should you choose to access this site from any location other than the United Kingdom , you are responsible for compliance with all applicable local laws.

Liability

Casio maintains this site for your information, education and communication. By entering this site, you acknowledge and agree that the use of this site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this site or any material on any site linked to this site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.

Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

Other Sites

We are not responsible for the content of any other websites that are linked to or from this site and we exclude all warranties and all liability for any loss or damage you incur as a result of your use of such sites.

Site availability

We do not warrant that this site will be available at any time.

Accuracy

The information contained in this site is based on up to date information and while we make all reasonable efforts to ensure that material on this site is correct, current and complete at the date of publication, accuracy cannot be guaranteed. Your use of this site is solely at your own risk. We make no warranties or representations (express or implied) as to its accuracy, currency or completeness. We may change the information at any time without notice and by continuing to use this site, you will signify that you agree to be bound by the revised conditions.

Severability

If any part of this disclaimer is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of the disclaimer. This disclaimer shall be deemed amended by modifying or severing such part as necessary to render it valid, legal and enforceable while preserving its intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from this disclaimer, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

Governing Law

These terms and conditions are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.

Terms & Conditions for CASIO Media Share

GENERAL

• These terms and conditions (the " Terms ") govern the agreement according to which CASIO ELECTRONICS COMPANY LIMITED (" Casio " and " we ") have agreed to provide you (the " Buyer ") with the photo processing and media sharing services (the " Services ") available through the Casio Media Share website (the " Site "). Please read these Terms carefully as by using the Services, you agree to be bound by these Terms.

• From time to time, Casio may amend these Terms as necessary and the Buyer should check these Terms on each use of the Services. The Buyer agrees to be bound by such version of these Terms as is published on the Site at the time of placing an order or using the Services. The date on which the Terms were last updated is published at the foot of these Terms.

• These Terms shall constitute the entire agreement between Casio and the Buyer. Any provision of a Buyer's order, or any other information posted on the Site which is inconsistent with these Terms, shall have no effect unless confirmed in writing by Casio.

• The Buyer acknowledges that having entered into this Agreement, it is not and will not hold itself out as a distributor or an agent of Casio.

• AVAILABILITY

• The Services are subject to availability.

• Casio shall use reasonable endeavours to make the Site available at all times with as little disruption from technical failures, necessary repairs and maintenance as reasonably possible. Casio shall not be liable for any damage arising out of the failure of a Buyer (or the Buyer's family and friends) to access the Site or part of the Site (including a Buyer's account) or for any interruption, modification, suspension or discontinuance of the Site or Services.

ORDERS

• All orders made to Casio by the Buyer shall be made pursuant to these Terms. Acceptance of such orders shall be at the entire discretion of Casio. All Buyers who are under 18 years old must provide a valid email address for their parent or guardian at the time of placing an order.

• Casio will confirm acceptance of the Buyer's order by message on the website immediately after the Buyer has submitted an order and by email to the email address provided to Casio. Once Casio has confirmed an order, a contract will be made for the supply of the ordered Services and Casio will supply the Services in accordance with these Terms and the order.

• Casio may engage a third party processor to carry out the digital photography printing service on its behalf.

• Processing of orders will be commenced as soon as reasonably practicable. Any cancellation of an order by the Buyer must be in writing and received by Casio prior to the commencement of processing.

PRICES

• The price payable by the Buyer shall be Casio's price prevailing at the date of order. In the event that the Buyer orders products and the price published on the Site was incorrect, Casio will contact the Buyer to confirm the correct price and the Buyer shall confirm whether it wishes to continue with the order.

• Unless otherwise stated, the prices of the Services are inclusive of VAT, where applicable, but exclusive of any delivery charges which shall be payable by the Buyer in addition.

• The Buyer will be responsible for any reasonable costs incurred by Casio (including, but not limited to storage costs) as a result of the Buyer's negligence and/or default.

DELIVERY

• Dates or periods for delivery are approximate only and time shall not be of the essence in relation to them. If delivery is refused by the Buyer, Casio may charge any costs incurred by Casio as a result of such refusal (including costs incurred in storing the Products and due to any attempted delivery). If there is any delay, Casio shall give the Buyer an estimated new delivery date. If the new delivery date is in excess of six weeks after the first delivery date, then the Buyer shall have the right to cancel the order and request a refund.

• Casio may deliver the Products in instalments and shall not be liable for any delay in delivery or failure to make delivery of the Products due to any circumstances beyond its control and/or as a result of the Buyer failing to grant access to the Buyer's premises on the confirmed delivery date.

• Products will be dispatched to the Buyer via post or a suitable carrier chosen by Casio.

SHORTAGES OR DAMAGE IN TRANSIT OR NON DELIVERY

The Buyer must examine the Products immediately on delivery. Casio reserves the right to reject any claims in respect of shortages or damage in transit or non-delivery of the Products unless the same are submitted in writing to and accepted by Casio within 14 days after delivery of the Products, or in the case of non-delivery 14 days after the date of the relevant invoice.

TITLE AND RISK

Property in the Products shall not pass to the Buyer until the Buyer has paid all monies owed by it to Casio under this contract and all other accounts due from the Buyer to Casio.

RIGHT TO RETURN

In the event the Buyer is dissatisfied with the Products for reasons of technical fault only, Casio will, at the Buyer's option, either replace the Products free of charge or refund the Buyer, subject to the Buyer notifying Casio of its complaint within 14 days of the Buyer's receipt of the goods (for obvious faults) or within 14 days of discovering a fault that is not immediately apparent.

DESCRIPTION AND FITNESS FOR PURPOSE

Every effort is made to ensure that the Products are described reasonably accurately and are reasonably fit for the purpose and application stated on the Site or in other documents.

COPYRIGHT

By using the Services available on the Site, the Buyer confirms that it has the right to the copyright in the images uploaded. The Buyer grants Casio and the Operator a non-exclusive, royalty-free licence to use, copy, distribute and display the images for the sole purpose of enabling Casio and the Operator to carry out the Services.

CONDUCT

• The Buyer confirms that it is responsible for the content of all images and other materials transmitted to Casio and that it has the right to print the images.

• The Buyer agrees not to upload, email, order prints of or otherwise transmit any image or material which:

• is pornographic, obscene, racist, abusive, harmful, politically extremist, offensive, blasphemous, defamatory (or otherwise actionable), vulgar or otherwise inappropriate (in Casio's reasonable opinion);

• in itself breaches any applicable laws or legislation or depicts any image of an unlawful nature;

• infringes any copyright, trade mark or other intellectual property right of any third party; or

• may cause harm to Casio (or any third party's) computer system.

• Casio may at its absolute discretion refuse to process or store any images which it deems do not comply with those Terms.

PASSWORDS

• Access to the Buyer's account is by protected password. It is the Buyer's responsibility not to reveal the password, except to authorised third parties and to notify Casio immediately if the password is no longer confidential.

• Casio shall not be liable for the unauthorised use of a Buyer's password by a third party.

• Casio reserves the right to change the Buyer's password if it deems it necessary for the security of the Site or the Buyer's account.

STORAGE

• The Buyer is permitted to store digital photographs on the Site. However, in the event a Buyer's account remains inactive for a period of 12 months or more, then Casio may delete the stored images.

• Casio shall not accept responsibility for deletion of images in accordance with paragraph 13.2 above or any inadvertent damage, corruption, alteration or destruction of images and other data uploaded on to the Site or which are otherwise transmitted to Casio. The Buyer should securely save all data and images prior to placing an order.

INDEMNITY

• The Buyer shall indemnify and keep indemnified Casio (and any agents, licensors, suppliers and third party providers) against any and all losses, expenses, damages and costs (including legal fees) it may suffer arising out of or in connection with any use by the Buyer of the Services otherwise than in accordance with these Terms, any use of the Buyer's account by the Buyer (or any person authorised by the Buyer) and any claim by a third party that images uploaded on to the site by the Buyer (or any person authorised by the Buyer) infringe the intellectual property or other rights of such third party.

WARRANTY

• Without prejudice to any statutory rights the Buyer may have, Casio warrants that:-

• the Products shall be of satisfactory quality and of reasonable fitness for their intended purpose; and

• the Services will be carried out with reasonable skill and care.

LIMITATION OF LIABILITY

• Casio shall not be liable for loss, damage, deterioration, wear or expense arising directly or indirectly out of or in connection with the following:-

• the loss of images, data or details of a Buyer's order data (except to the extent that such loss is caused by a lack of reasonable care in providing the Services);

• poor quality or minor variations in colour and general appearance (except as caused by a technical fault of Casio or the Operator in the processing of images);

• delay(s) of less than six weeks beyond the agreed date of delivery;

• any circumstances over which Casio had no control of the consequences and which Casio could not avoid by the exercise of reasonable care.

• Casio shall not be liable to the Buyer for:

• the cost of substitute goods;

• any defects in the Products caused by any misuse, neglect or default of the Buyer or of any third party;

• any defects in the Products caused by fair wear and tear;

• any defects in the Products caused by failure to follow Casio's instructions in relation to the maintenance, use or installation of the Products;

• any loss of production or for any loss of profit or goodwill suffered or incurred by the Buyer or any third parties; or

• for any indirect or other consequential loss.

• The liability of Casio in respect of any claim (other than in respect of death or personal injury resulting from the negligence of Casio and/or its agents) shall not in any event exceed the price of the Products in the relevant order.

• Except as otherwise provided in these Terms, all representations, guarantees, undertakings, conditions or warranties, express or implied, in tort or contract, statutory or otherwise in relation to the Products are hereby expressly excluded to the fullest extent permitted by law.

FORCE MAJEURE

In the event of any cause beyond the control of Casio (including war, rebellion, revolution, strikes, lockouts, breakdown of plant or government/or other regulations, rules, laws or decrees) preventing or hindering it from carrying out its obligations under this contract, it will not accept any liability for any loss or damage resulting thereof and shall be entitled by notice in writing to the Buyer either to cancel this contract or any order made by the Buyer pursuant to this contract or to extend the time or times of delivery.

INTELLECTUAL PROPERTY

• The Buyer shall not make any representations or do any act, which may be taken to indicate that it has or that it will receive any right, title or interest in the ownership or the use of any of the intellectual property rights owned by Casio, including in particular, the "CASIO" trademark.

• The Buyer shall not alter remove or tamper with any of Casio's trademark, which are affixed in any way to the Products or packaging.

WAIVER

A failure by either party to enforce any right conferred by these Terms shall not be deemed to be a waiver of such right or operate so as to bar an exercise or enforcement thereof at any subsequent time.

SEVERABILITY

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

INTERPRETATION

This contract shall be governed by and construed in accordance with English Law and Casio and the Buyer submit to the exclusive jurisdiction of the Courts of England.

Casio Electronics Company Limited, Unit 6, 1000 North Circular Road , London , NW2 7JD