Terms and Conditions of CANON iMAGE GATEWAY
(updated February 1, 2012)
Canon Canada Inc. (“Canon”) provides you, as the Member (as defined below) with the CANON iMAGE GATEWAY service (“CiG”), subject to the following terms and conditions (“T&C”). These T&C also apply to the use of the CiG by an “Invitee” (as defined below).
The CiG enables you to:
a. upload, post and transmit digital content such as images and video clips and comment thereto to the CiG (“Content(s)”) using your CiG “library” and/or “album(s)”, which are certain functions of the CiG (respectively, “Library” and “Album(s)”); and
b. share the Contents stored in the CiG using your Album(s) with your family members, friends or anyone you choose at your sole discretion (each an “Invitee”) and allow the Invitee to upload, post and transmit Invitee’s Contents to the CiG.
I. Acceptance of T&C
1. Acceptance of T&C
By accessing or using the CiG, you and Invitee, respectively, accept the T&C and agree to be bound, without limitation or qualification, by the T&C. The T&C may be updated, modified, changed, altered or otherwise edited by Canon at any time or from time to time without prior separate notification to you and Invitee. By continuing to use the CiG after Canon publishes modifications, you and Invitee, respectively, agree to be bound by such modifications. Canon recommends that you and Invitee periodically visit this page to review the then current T&C. The most recent date on which the T&C were updated will be indicated above. If you do not agree to these T&C, or to any modification thereof, you are not authorized to use the CiG.
II. User Account
Unless otherwise mentioned herein, the CiG is only available to Canadian residents who own and have registered certain qualifying Canon brand products. You and Invitee, respectively, represent that each of you are at least 13 years of age and each of you have the legal authority to enter into these T&C. If you and/or Invitee, respectively, are at least 13 years of age and less than the age of majority in your and/or Invitee’s applicable Province/Territory, as the case may be, you and Invitee, respectively, represent that (i) your respective parent or legal guardian has consented to using the CiG and providing the respective personal information, if any, in connection therewith; and (ii) your respective parent or legal guardian has read and accepted these T&C on your behalf. If you are under 13 years of age, then please do not use the CiG.
3. User Account and Password
Upon acceptance of your registration to the CiG, you will become a CiG member who is qualified and authorized to use the CiG (“Member”) and create and access your Library and Album(s) (“User Account”). Your initial username to log on to your User Account shall be the email address you provided in the course of the registration and thereafter may be changed by you at any time. Further, your password to log on to the User Account shall be set by you in the course of the registration and thereafter may be changed by you at any time. You are fully responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your User Account. Canon shall not be liable for any loss or damage arising from your failure to comply with this Section 3.
4. Deregistration of User Account
You may, at any time, unsubscribe from the CiG in accordance with the unsubscribe procedure as prescribed by Canon. Once this is done, you will not be able to access the CiG and your Contents will be deleted in accordance with Canon’s standard protocols.
5. Cancellation of User Account (by Canon)
In addition to any other cancellation rights outlined herein, in the event that you breach any of your obligations set forth in the T&C or Canon deems you inappropriate as a Member, Canon may, at its sole and unfettered discretion and without notification to you, cancel your User Account. Once this is done, you will not be able to access the CiG and your Contents will be deleted in accordance with Canon’s standard protocols
6. Survival of Your Obligations
Neither cancellation (by you and/or Canon) nor deregistration of your User Account shall affect any obligations you and/or Invitee might have accrued under the T&C which you and/or Invitee accepted prior thereto.
III. Provision of CiG
7. Provision of CiG
Canon will provide you with the CiG on an “as is” and “as available” basis and for personal use only. Canon accepts no responsibility for the availability or unavailability of the CiG or the accuracy of any of the information available on, sent via, or in connection with the CiG.
The CiG is provided at no charge. However, you shall bear any and all costs and expenses that are necessary for you to access the CiG.
Canon may subcontract all or any part of its activities relating to the CiG, to any third party designated by Canon, without notice.
8. Storage of Contents
You may upload, post and transmit the Contents to the CiG using your Library and Album(s) and store the Contents in the CiG up to 10 giga bytes in the aggregate (except comments thereto which do not count towards the aforesaid 10 giga bytes). The Contents and any comments will be stored for a period of 365 days from the date of last access to your Library or your Album(s) by you or any Invitee. Canon reserves the right upon providing notice to you, at any time and from time to time, to change the amount of storage space or the period of time for which Contents will be stored.
9. Share of Contents
You may share your Contents with your Invitee by sending an e-mail or using a third party’s web service, as applicable. It should be noted that if you send an e-mail using the CiG to the Invitee to share the Contents with the Invitee, the email address of the Invitee will be stored in the CiG for your convenience (for further sending). It should also be noted that if you use a third party’s web service which is linked from the CiG to share the Contents with the Invitee while you are logging on the CiG, your ID and password to log on to such third party’s web service will be stored in the CiG for your convenience (for further logon).
You acknowledge and understand that after you share the Contents with the Invitee, the Contents may subsequently be shared by the Invitee with other person(s), even if you do not desire so.
You may allow Invitee to upload, post and transmit Invitee’s Contents to the CiG using your Album(s).
You acknowledge and understand that Invitee’s Contents shall be deemed as your Contents and you are fully responsible for any and all Contents in the CiG.
Invitee acknowledges that Invitee shall not have the ability to modify, delete or remove Invitee’s Contents in the CiG once Invitee has uploadED, postED or transmitTED the same in the CiG and, if Invitee desires to modify, delete or remove ANY OF THE Invitee’s Contents, Invitee shall ask the Member (not Canon) to do so. Invitee further acknowledges that the use of the CiG by Invitee is subject to the use of CiG by Member and thus Invitee’s Contents may be modified, deleted or removed by the Member at the Member’s sole and unfettered discretion, and will be affected by the deletion of the Content under Sections 4, 5 and 16 and other Sections hereof.
You and Invitee acknowledge and agree that Canon is not in a position to settle a dispute which may occur between you and Invitee or between Invite and Invitee about the Contents and handling the Contents and thus you shall be solely responsible to settle such dispute.
11.Responsibility for Contents
YOU and Invitee ACKNOWLEDGE AND AGREE THAT THE SUBMISSION OF ANY Contents TO THE CiG, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE CiG IS DONE AT YOUROR invitee’s OWN DISCRETION AND RISK AND THAT YOU and Invitee WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO the Contents OR ANY DAMAGE TO YOUR and Invitee’s COMPUTER SERVER OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOU and Invitee ARE FULLY RESPONSIBLE FOR CREATING BACK-UPS OF the Contents.
Further, You agree to hold harmless and indemnify Canon and all of its directors, OFFICERS, AGENTS, employees, information providers, subcontractors, licensors and licensees and affiliates from and against any claim and dispute arising from or in any way related to THE Contents (INCLUDING iNVITEE’S cONTENTS) and handling THE Contents. In any event, you shall be liable for any damages arising from any claim and dispute about the Contents and handling the Contents. In no event shall Canon be liable for such damages.
You and Invitee should be aware that when you or Invitee upload, post and transmit the Contents to the CiG, annotation data (information pertaining to attributes of someone such as face recognition information, geographical information, name of creator of the image, image identification information, EXIF markernote, XMP and IPTC block) which is contained in the Contents will also be uploaded. You can choose not to share such annotation data (the file name, copyright information, ratings, file information such as size of the file, shooting information such as the name of the camera will remain), when you share the Contents with Invitee, and Invitee can choose not to upload, post and transmit such annotation data (the file name, copyright information, ratings, file information such as size of the file, shooting information such as the name of the camera will remain)when Invitee uploads, posts and transmits Invitee’s Contents to the CiG.
13.Third Party Involvement
Canon may provide, or may cause third parties to provide, URL which links to other web sites or resources through the CiG. You acknowledge and agree that Canon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Canon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14.Contents License to Canon
Canon does not claim ownership rights in or to any Contents. You and Invitee grant to Canon, Canon’s subsidiaries, affiliates, subcontractors, Canon’s parent company, or any of subsidiaries or affiliates of Canon’s parent company or their subcontractors, an unrestricted, royalty free, irrevocable and perpetual and fully sublicensable license to copy, reproduce, use, display, modify, transmit and distribute the Contents for free for the purpose of providing the CiG.
15.Modification to and Discontinuance of CiG
Canon reserves the right, acting in its sole and unfettered discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the CiG without notice to you and Invitee. Canon reserves the right not to reply to any queries and not to provide any support in connection with the CiG.
IV. Prohibited Conduct
You and Invitee agree not to use the CiG to:
Canon reserves the right at any time and from time to time to delete or remove any contents from the CiG, where it reasonably suspects that such contents are prohibited by this Section 16 or as otherwise deemed to be inappropriate by Canon, Canon can act in its sole and unfettered discretion in such regard. Canon, or a third party on behalf of Canon, may disclose information, including without limitation, information concerning you and/or Invitee, a transmission made using any of the CiG, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Canon assumes no obligation to inform you and Invitee that your or Invitee’s information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Canon may disclose your and/or Invitee’s information or information transmitted over the CiG where necessary to protect others from harm. Notwithstanding the foregoing, you and Invitee acknowledge and agree that Canon has no control over the Contents in the CiG (except as otherwise provided herein), nor does Canon purport to monitor the specific Contents in the CiG, to ensure its accuracy, appropriateness or conformity with the principles outlined in the T&C.
17.No Commercial Reuse of CiG
You and Invitee agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the CiG.
18.Responsibility for Invitee’s Conduct
You ACKNOWLEDGE AND agree THAT YOU ARE FULLY RESPONSIBLE FOR ANY iNVITEE’S CONDUCT AND hold harmless and indemnify Canon from and against any claim and dispute arising from or in any way related to THE iNVITEE’S CONDUCT.
VI. Indemnity and Disclaimer
You and Invitee agree to hold harmless and indemnify Canon, Canon’s subsidiaries, affiliates, and subcontractors, Canon’s parent company, any of subsidiaries or affiliates of Canon’s parent company and their subcontractors, and their officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your or Invitee’s use of the CiG, violation of the T&C or any other actions connected with the use of the CiG, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Canon will provide you with written notice of such claim, suit or action.
YOU and invitee EXPRESSLY acknowledge AND AGREE THAT:
YOUR and invitee’s USE OF THE CiG IS AT YOUR and invitee’s SOLE RISK. THE CiG IS PROVIDED ON AN ”AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CANON DOES NOT WARRANT THAT (A) THE CiG WILL MEET YOUR OR invitee’s REQUIREMENTS, (B) THE CiG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CiG WILL BE ACCURATE OR RELIABLE, AND (D) THAT THE CiG WILL CONTINUOUSLY BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CiG IS AT YOUR AND invitee’S OWN DISCRETION AND RISK AND THAT YOU and invitee WILL BE FULLY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR invitee’s COMPUTER SERVER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR invitee FROM CANON OR THROUGH OR FROM THE CiG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN the T&C.
22.Limitation of Liability
YOU and invitee EXPRESSLY acknowledge AND AGREE THAT CANON SHALL NOT BE LIABLE TO YOU and invitee FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CANON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CiG; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OF THE CiG; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR OR invitee TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CiG; OR (e) ANY OTHER MATTER RELATING TO THE CiG.
23.No Third Party Beneficiaries
You and Invitee agree that, except as otherwise expressly provided in the T&C, there shall be no third party beneficiaries to the T&C.
Canon may contact you or send you any notice via e-mail, through website bulletin boards, or in any manner which Canon deems suitable and which is reasonably likely to reach you. The notice provided in this Section 24 will be deemed to have been given as of dispatch of e-mail.
25.Canon’s Trade Mark
You and Invitee must not display or use in any manner Canon’s or Canon group trademarks or logos without Canon’s prior written permission.
26.Procedure for Making Claims of Copyright or Intellectual Property Infringement
If you believe in good faith that your copyrighted work has been reproduced on or posted to the CiG without authorization in a way that constitutes copyright infringement, please provide Canon’s legal department with the following information:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the CiG that is requested to be removed;
Your name, address and daytime telephone number, and an e-mail address if available, so that Canon may contact you if necessary;
A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Notice of claims of infringement can be sent via mail or fax:
Att: General Counsel
Canon Canada Inc.
6390 Dixie Road
Mississauga, ON L5T 1P7
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the CiG. Upon receipt of such a notice of claimed infringement, where Canon in its sole and unfettered discretion feels such action is warranted, Canon will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of Canada, and will terminate the CiG privileges of those who repeatedly infringe on the copyright of others.
A failure of Canon to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision and shall in no way effect its right to later enforce or exercise it.
If any provision of the T&C is found by a court of competent jurisdiction to be invalid, you and Invitee agree that it shall not affect the validity or enforceability of any other terms or rights which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.
29.Choice of Law and Forum
These T&C are governed and interpreted under the laws of the Province of Ontario, Canada. You agree that any claim or dispute against Canon arising out of or relating to the use of the CiG must be resolved by a court located in Ontario, Canada unless otherwise agreed upon by all parties.
CANON iMAGE GATEWAY
6390 Dixie Road
Mississauga, ON, L5T1P7
© Canon Inc./Canon Canada Inc., 2012. All rights reserved. Reproduction in whole or in part without permission is prohibited.