Terms of Use
By providing us with your email address, you accept that Fujifilm may use this information in order to advertise to you through other websites or through emails.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
This terms of use Agreement (collectively the “Agreement”, “Terms of Use” or “WAKO PYROSTAR Terms of Use”) describes the terms and conditions applicable to the use of www.WAKOPYROSTAR.com (collectively the “site”, the “website”, “and WAKOPYROSTAR.com”). WAKO PYROSTAR services and network is operated by FUJIFILM Wako Chemicals (collectively, “WAKO PYROSTAR”, the “Company”, “we”, and “us”). This agreement is entered between you as the user of the website (collectively “you”, the “User”) and FUJIFILM Wako Chemicals.
1. Application and acceptance
For the purpose of this Agreement, a “User” is any person who is accessing WAKOPYROSTAR.com for any purpose, whether or not the “User” is a registered member of the Site, a free member of the site or a paying customer for one or several services provided by WAKO PYROSTAR. A User includes the person using WAKOPYROSTAR.com and any legal entity which may be represented by such person under actual or apparent authority.
By accessing or using our web site at www.WAKOPYROSTAR.com, you represent and warrant that you are 18 or older and you signify that you have read, understood and hereby agreed to be bound by these Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice and with direct effect. You will be informed by email of any changes to these Terms of Use. We will also publish the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use; do not use or access (or continue to use or access) the website. It is your responsibility to regularly check WAKOPYROSTAR.com to determine if there have been changes to these Terms of Use and to review such changes.
In case of purchase of a product or a service provided by WAKO PYROSTAR or its affiliates, additional terms of conditions to this Agreement may apply. In case of conflict or inconsistency between provision(s) of this Agreement and provision(s) of the terms and conditions applicable to the purchase of the product or service, the provision applicable to the purchase of such product or service shall prevail.
2. “Paying Services”
Fees may change from time to time at WAKO PYROSTAR’s sole discretion, for promotional events, for new services or new fee policy applicable. The fee to be paid by the user is the fee applicable at the date of the request for any Paying Service by the user.
WAKO PYROSTAR reserves the absolute right, at its sole discretion and without prior notice, to deny free or Paying Services to any Users, deny registration, terminate accounts, remove or edit content..
3. Using WAKOPYROSTAR.com
WAKO PYROSTAR grants the User a limited license to access and use this Site solely for their personal or internal purposes. This site or any portion of this site, including any information, text, images, directories, files, databases, listings, product or service description, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or non commercial purpose without the express written consent of WAKO PYROSTAR. Any use of data mining, robots or similar data gathering and extraction tools is also excluded from this license. This license is revocable at any time without notice or without a cause.
Each User agrees that WAKO PYROSTAR is not responsible and shall not be held liable for any material posted on WAKOPYROSTAR.com or transferred using WAKOPYROSTAR.com email service.
4. Privacy
We undertake not sell or rent your personal information to third parties without your explicit consent. We undertake to use your information only as described in the WAKO PYROSTAR Privacy Policy.
We store and process your information on computers located in the United States. You hereby agree to have your personal data transferred and processed in the United States.
You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
For a complete description of how we use and protect your personal information, see the WAKO PYROSTAR Privacy Policy.
5. Third Party Content
WAKO PYROSTAR offers access to news, articles, information, data which are provide by third parties. WAKO PYROSTAR or its news, articles, information or data providers cannot be held liable in any way for any errors, inaccuracies or lack of completeness.
The opinions expressed in third party contents are those of the author of the content and do not represent WAKO PYROSTAR opinions. WAKO PYROSTAR cannot be held liable for any opinion expressed in third party content. If you become aware of any libelous, illicit or illegal content please notify WAKO PYROSTAR so that appropriate steps can be taken to remove the contentious item if appropriate.
Our third party news, articles, information, data may include copyrighted, trademarked, or other proprietary materials. You may use this content for information purposes only. You may not use this content in a way that infringes or violates anyone’s proprietary rights.
6. Other businesses
Parties other than WAKO PYROSTAR provide or sell products or services on this site (“WAKO PYROSTAR Partners”, “WAKO PYROSTAR Affiliates”). In addition, we provide links to the sites of other businesses. WAKO PYROSTAR is not responsible for examining or evaluating, and WAKO PYROSTAR does not warrant the offerings of, any of these businesses or individuals nor the content of their web sites. WAKO PYROSTAR does not assume any responsibility or liability for the actions, product and content of all these businesses and any other third parties. It is your responsibility to review their privacy statements and other conditions of use.
7. Intellectual Property Rights
WAKO PYROSTAR and other company graphics, logos designs, pages headers, buttons icons, script and service names are under pending application for trademark in the US and registered trademarks or under pending application for trademark in other countries. WAKO PYROSTAR’s trademarks may not be used in any way, including as part of trademarks and/or domain names, in connection with any product or service in any manner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WAKO PYROSTAR.
All content on WAKOPYROSTAR.com including designs, text, graphics, pictures, information, applications, software and other files, and their selection and arrangement (“the Site Content”), are the proprietary property of WAKO PYROSTAR, or its licensors with all rights reserved. No Site Content maybe modified, copied, distributed, or sold in any form or by any means, in whole or in part, without WAKO PYROSTAR’s prior written permission.
Any unauthorized use of the Site, as stated in this Agreement, may also violate applicable laws including copyrights and trademark laws. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise.
8. Disclaimers of warranty
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WAKO PYROSTAR ON A “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WAKO PYROSTAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WAKO PYROSTAR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAKO PYROSTAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR SERVICE AND/OR ANY PLATFORM APPLICATIONS. WAKO PYROSTAR DOES NOT REPRESENT OR WARRANT THAT THIS SITE; ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM WAKO PYROSTAR ARE ACCURATE, COMPLETE, RELIABLE, CURRENT , ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
9. Limitation of Liability
WAKOPYROSTAR.com may be temporarily unavailable or its service delayed from time to time due to maintenance of the site or for any other reasons that are not under WAKO PYROSTAR’s control. As a result of such delay or interruption in the service, WAKO PYROSTAR assumes no responsibility and shall not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure, theft or destruction or unauthorized access to, or alteration of, User communications arising as a result of, or in connection with such unavailability or delay in providing the service.
WAKO PYROSTAR is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure or email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or in connection with the service.
WAKO PYROSTAR will not be held liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) and services (including paid services) included on or otherwise made available to you through this site, User’s content, User’s actions or inactions, Members Products or Services including, but not limited to direct, indirect, incidental, punitive, and consequential damages whatsoever. Each User further agrees that WAKO PYROSTAR is not responsible, and shall have no liability to it or anyone else for any material posted or sent by any other User or third parties and that the risk of damage from such material rests entirely with each User or third parties.
Regardless of the previous paragraph, if WAKO PYROSTAR is found to be liable, our liability is limited to the greater of (a) the total fees you paid to us in the 12 months prior the action giving rise to the liability and (b) USD100.00.
10. Indemnity
You agree to indemnify and hold WAKO PYROSTAR, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out or in connection with any User Content, any Third Party content or applications, software or content you post or share on or through the Site (including through the email service), your use of the Site, your conduct in connection with the use of the site or any violation of this Agreement or of any law or the rights of any third party.
11. Additional Terms
The following policies provide additional terms and conditions related to your use of WAKOPYROSTAR.com:
- Intellectual Property Rights Infringement Policy
- WAKO PYROSTAR Privacy Policy
Each of these policies may change from time to time. Changes take effect when they are posted on WAKOPYROSTAR.com
This Agreement and the here above mentioned policies constitute the entire agreement between the User and WAKO PYROSTAR superseding any prior agreements between you and WAKO PYROSTAR relating to your use of the Site.
When a User contract paid services or products from WAKO PYROSTAR additional terms and conditions to this Agreement may apply in connection with the service or the product ordered.
The failure of WAKO PYROSTAR to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such rights or provision or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
12. Notices
All notices to WAKO PYROSTAR shall be effective in writing and shall be sent to FUJIFILM Wako Chemicals, calle 17 y Avenida Santa Isabel, 0302-00192 Colon Free Zone, Republic of Panama.
All notices to you shall be served to the email address you provide during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, WAKO PYROSTAR may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given five days after the date of mailing.
13. Assignment
The User may not assign this Agreement or any other Agreements the User may enter into with MERACTRADE, in whole or in part, without WAKO PYROSTAR’s prior written consent. Any assignment of this Agreement or other Agreements without such consent will be unenforceable, null and void.
14. Governing law, jurisdiction and resolution of disputes
This Agreement shall be governed in all respects by the laws of the republic of Panama without regard to its conflict of law provisions.
For any claim where the total amount of the award sought is less than $5,000.00, the party requesting relief may elect to resolve the dispute in a cost affective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For any claim where the total amount of the award sought is more than $5,000.00, the dispute shall be resolved by a court located in the Republic of Panama.