Fujifilm Australia launches "X-Thusiasts" Program but at what costs?

[Paul Szilard]

I have today received an invitation to join the Fujifilm "X-Thusiasts" Program of Australia.

 

I have read the Terms & Conditions, which can be seen at http://www.fujifilm.com.au/xthusiasts/terms and provide here my PERSONAL thoughts on the matter.

 

I realise and indeed encourage, individuals to form their own opinions and make their own decisions. As many of us are often given to not reading the "small print", I thought my highlights might be of value to some.

 

I won't reproduce the full Terms and Conditions document as these are available at the Fujifilm website for all to see, but pull extracts to support my thoughts.

 

INCENTIVE

The only incentive I could see, for participating is to have a branded web presence and possibly have your work included in a Fujifilm published book. That's it! I can already have a web presence in a Flickr group, on the Fuji forums, or on a high number of other photo websites and blogs, not to mention my own websites, without giving away my rights!

 

PARTICIPATION

General, para 1

 

Participation in this Program is deemed acceptance 

 

i.e. you don't even need to sign, or even tick a box, that you accept the T & Cs, as mere participation is regarded as legally binding acceptance of these.

 

General, para 5

 

The Promoter will provide a minimum of two (2) weeks’ notice to all Participants prior to the Program ending, via an announcement at http://offers.fujifilm.com.au/x-thusiasts (“Website).

 

i.e. participants will not be notified! They are responsible for continuously checking the website to spot any cancellation or changes to the Program

 

License para 12c, relating to the Participant

 

they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

 

So if you take a cityscape, then you have to obtain written consent from the owner of every building, vehicle and human in the picture.

 

License para 13

Participant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any Content they submit for any of the following promotional or marketing purposes in any of the following media operated by the Promoter without compensation, restriction on use, attribution or liability

 

Note, this grants unspecified sub-licensees, "royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any Content"

 

Privacy para 18

The Promoter collects personal information ("PI") in order to conduct and administer the Program and may, for this purpose, disclose such PI to third parties, including but not limited to related entities, agents, contractors, service providers, suppliers and, if required, to any authorities. Participation in the Program is conditional on providing the requested PI. 

 

I.e. any PI will be made available without further contact to the participant, to 3rd parties

 

And now, Ladies and Gentlemen, for the ultimate paragraph:

 

Promoter's Rights para 19

These Terms and Conditions may be changed, amended or varied at any time for any reason by the Promoter in its absolute discretion. Any updated version of the Terms and Conditions will be posted on the Website. All changes are effective from the date of posting of the revised Terms and Conditions. The Promoter recommends that all Participants re-visit the Website from time to time to read the Terms and Conditions. 

 

i.e. ANY condition may be changed by the Promoters, without consent or even notification of the Participants at any time, and such changes become effective immediately!

 

Well, I am not a lawyer, but I would certainly not wish to participate under these conditions. I would advise anyone considering to participate, to take a serious look at what they are intending to do and the legal commitment that they are making.

FUJIFILM X-Thusiasts.pdf

[Guest Ridgeback]

Re.: 12c

 

In most civilised countries a cityscape is part of the public space and thus free to photograph as much as you want. Those pictures may be used in any way that you want.

To suggest that photographers must seek permission from each and everyone whose building is in the picture is ridiculous to say the least and plain irresponsible at best.