Terms of Use

Welcome to CANON iMAGE GATEWAY.

CANON iMAGE GATEWAY (“CiG”) Services are provided to “You”, as a Member and/or Invitee, by Canon Europa N.V. (“Canon”) subject to the following terms and conditions of use (the “Terms”). These Terms apply to use of CiG Services by any Member with a registered account and to anyone invited to use the CiG Services by a Member (an “Invitee”).

CiG enables Members to upload and post digital content such as images, video clips and comments (“Content”) online through the CiG Services; to share the Content stored through the CiG Services with anyone chosen by the Member (an “Invitee”) and have Invitees upload, post and transmit Content using the CiG Services.

Acceptance of Terms

These Terms must be accepted to use the CiG services. If as a Member or Invitee, You do not accept these Terms, You must not use the Services. If You do use or access the CiG Services, Canon will treat such access and use as acceptance of these Terms and as Your agreement to use the services only in accordance with these Terms.

These Terms may be updated by Canon at any time without prior notification to You and shall apply in the event You continue to use the Services. However, we will ensure there is a generic notification to all users of any update to the Terms. You should check these Terms each time You use the CiG Services for any updates.

Canon is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the CiG Services which Canon provides may change from time to time without prior notice to You and You acknowledge and agree that Canon may stop (permanently or temporarily) providing the CiG Services (or any features within the CiG Services) to You or to users generally at Canon’s sole discretion, without prior notice to You.

Canon has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to You on behalf of Canon itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to You.

Registration

CiG Membership is only available in the Participating Countries listed below, to those who are 18 years or older and to those who own and register qualifying Canon products. Access and use of the Services by anyone under the age of 18 is only permitted with the express permission of a parent or legal guardian who should register in their own name.

Member Account and Password

On successful registration for the CiG Services, the CiG Member Account is activated which allows a Member to create and use a Member Library and Member Album(s) (“Member Account”). The initial username to login to a Member Account will be the email address provided in the course of the registration and thereafter may be changed by the Member at any time. The initial password to log in to the Member Account for the first time will be the password provided during the course of the registration and thereafter may be changed by the Member at any time. As a Member, You are fully responsible for maintaining the confidentiality of Your username and password and are fully responsible for all activities that occur under Your Member Account (including activities and Content of any Invitee). Canon shall not be liable for any loss or damage arising from Your failure to comply with this clause or any of these Terms.

You may also un-register from the CiG Services at any time and You do not need to inform Canon when you stop. You may also un-register from the CiG Services by emailing new.media@canon-europe.com with un-register in the subject line and this may result in deletion of all Content associated with that Member Account.

Cancellation of Member Account (by Canon)

Canon may, at its sole discretion and without notification, cancel any Member Account and this may result in deletion of all Content associated with any such Member Account.

Survival of Your Obligation

Neither cancellation by Canon nor deregistration by a Member shall affect any obligations or rights that may have accrued to either under the Terms prior to deregistration or cancellation.

Provision of CiG Services

The CiG Services are provided by Canon on an “AS IS” and “AS AVAILABLE” basis, for personal use only. Canon accepts no responsibility for the availability or unavailability of the CiG Services or the deletion, mis-delivery or failure to store any Content or personalized settings or the accuracy of any of the information available on, sent via, or in connection with the CiG Services whatsoever.

The CiG Services are currently provided at no charge but as a Member You are responsible for obtaining access to the CiG Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access the CiG Services.

Member Account Storage

Members may upload, post, transmit and store Contents to CiG using Member Library and Member Album(s) (except comments) up to a total of 10GB (giga bytes). Contents will be stored for a period of 365 days from the date of last access to a Library or Album(s) by a Member or any Invitee.

Invitation to Share

Members may share Content with an Invitee by sending an e-mail or using a third party’s service or other methods. It should be noted that if CiG Services are used to send an e-mail to the Invitee, the email address of the Invitee may be stored in the CiG for convenience (for future sharing). In addition, if a third party’s web service is linked from CiG Services in order to share Contents with an Invitee, usernames and passwords for such third party’s web services may be stored in the CiG for convenience (for future login).

Once any Content has been shared with an Invitee, this Content may subsequently be shared further by the Invitee with any other person(s) (who for the purposes of these Terms shall also be an “Invitee”) without any further notice to the Member.

Invitee Content

An Invitee may upload, post and transmit Contents using CiG Services once invited by a Member to do so. Content uploaded, posted and saved by an Invitee will be stored in the inviting Member’s Library and Album(s).

Members acknowledge and understand that all and any content uploaded by an Invitee shall be deemed the Content of the Member and the Member shall be held fully responsible for such Content.

Once uploaded, posted or transmitted, an Invitee cannot modify, delete or remove their content but must ask the Member to do so. Invitees using the CiG Services acknowledge that any use is at the Member’s sole discretion that their content will be deemed that of the Member and will be affected by any deletion of the Member Content by the Member or by Canon.

MEMBERS ARE FULLY RESPONSIBLE FOR ANY INVITEE’S CONDUCT OR CONTENT 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 OR CONTENT.

CANON SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DISPUTE BETWEEN ANY MEMBER AND ANY INVITEE AND CANON WILL NOT ENTER INTO ANY COMMUNICATION WHATSOEVER WITH ANY MEMBER OR INVITEE ABOUT ANY SUCH DISPUTE. THE SETTLING OF ANY DISPUTE BETWEEN MEMBER AND INVITEE SHALL BE THE RESPONSIBILITY OF THE MEMBER AND INVITEE ONLY.

Responsibility for Content

Canon has no obligation to monitor the CiG Services. However, Canon reserves the right to review any Content on the CiG Services and to remove any materials in its sole discretion. Canon reserves the right to terminate any Member’s access to any or all of the CiG Services at any time, without notice, for any reason whatsoever.

Canon also reserves the right at all times to disclose any information as Canon deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or delete any information or Content, in whole or in part, in Canon’s sole and absolute discretion. Canon may also disclose Member or Invitee information or information transmitted over the CiG Services where necessary to protect others from harm.

AS A MEMBER AND/OR INVITEE, YOU ACKNOWLEDGE AND AGREE THAT THE SUBMISSION OR DOWNLOAD OF ANY CONTENT AND THE USE OF THE CiG SERVICES, IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO THE CONTENTS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL AND ANY USE OF THE CiG SERVICES.

FURTHER, AS A MEMBER AND/OR INVITEE, YOU AGREE TO HOLD HARMLESS AND INDEMNIFY CANON FROM AND AGAINST ANY CLAIM AND DISPUTE ARISING FROM OR IN ANY WAY RELATED TO ANY CONTENTS OR HANDLING OF THE CONTENTS. IN NO EVENT, SHALL CANON BE LIABLE FOR SUCH DAMAGES OR ANY CLAIM WHATSOEVER.

Annotation Data

As a Member and/or Invitee, You should be aware that when You upload, post and transmit Content to the CiG Services, annotation data (information pertaining to attributes of someone such as face recognition information and geographical information which is contained in the Content) may also be uploaded. You may choose not to share the annotation data (only to some extent), when You share the Contents with Invitee, and Invitee may choose not to upload, post and transmit the annotation data (only to some extent), when Invitee uploads, posts and transmits Invitee’s Contents to the CiG.

Third Party Involvement

Canon may provide, or may cause third parties to provide, a URL which links to other web sites or resources through the CiG Services. As a Member and/or Invitee, You acknowledge and agree that Canon is not responsible for the availability of such external sites or resources, that Canon 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 other sites or resources.

License to Canon

By posting, uploading, inputting, providing or submitting any Content to the CiG Services, whether as a Member or Licensee, You are granting Canon, its affiliates and subsidiaries (including parent company and any parent company affiliate or subsidiary) and any necessary subcontractors, permission to use Your Content in connection with the operation of their businesses (including, without limitation, all Canon online Services and the promotion thereof), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content; to publish Your name in connection with Your Content; and the right to sublicense such rights to any supplier of the CiG Services.

No compensation will be paid with respect to the use of Your Content, as provided herein. Canon is under no obligation to post or use any Submission You may provide and Canon may remove any Content at any time in its sole discretion.

Prohibited Conduct

You, as a Member or Invitee, agree not to use the CiG Services to:

(i) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(ii) upload, post, transmit or otherwise make available any Content that You or Invitee does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(iii) upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or portrait rights or privacy of any party;

(iv) upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(v) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(vi) harm minors in any way;

(vii) “stalk” or otherwise harass another;

(viii) impersonate any person or entity or falsely state or otherwise misrepresent Your or Invitee’s affiliation with a person or entity;

(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the CiG;

(x) interfere with or disrupt the CiG or servers or networks connected to the CiG, or disobey any requirements, procedures, policies or regulations of networks connected to the CiG; and/or

(xi) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.

Canon reserves the right to delete or remove any Content from the CiG Services, where it reasonably suspects that any such Content is prohibited by this clause or is otherwise inappropriate.

Notwithstanding the foregoing, You as a Member and/or Invitee acknowledge that Canon has no control over the Content in the CiG Services, nor does Canon purport to monitor the Content in the CiG Services, to ensure its accuracy, appropriateness or conformity with the principles outlined above.

No Commercial Reuse of CiG Services or Content

It is not permitted to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of or use of, or access to, the CiG Services by anyone whatsoever or howsoever.

Privacy Policy

Canon shall treat personal information (defined under applicable laws and regulations), which is uploaded, posted and transmitted for the purposes of registering for and using CiG Services, in accordance with the applicable laws and regulations and with Canon’s standard Privacy Policy. Canon may transfer such personal information to its subsidiaries, affiliates or subcontractors, Canon’s parent company, or any of subsidiaries or affiliates of Canon’s parent company or their subcontractors, and cause them to use such personal information for the purpose of providing the CiG Services, promoting the CiG Services or any other related matters. The currently-effective Canon’s privacy policy is available at http://www.canon.co.uk/Terms_and_Conditions/index.aspx#tcm:14-37750.

Indemnity

As a user of the CiG Services, whether as a Member and/or Invitee, You 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 use of the CiG Services, violation of the Terms or any Content uploaded by You, 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.

Disclaimer

You, as a Member and/or Invitee expressly acknowledge and agree that:

Your use of the CiG Services is at Your sole risk. The CiG Service 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 Services will meet Your requirements, (b) the CiG Services will be uninterrupted, timely, secure, or error-free, (c) any results that may be obtained from the use of the CiG Services will be accurate or reliable.

Any material downloaded or otherwise obtained through the use of the CiG Services is at Your own discretion and risk and You will be fully responsible for any damage to Your computer server or other device or any loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by You from Canon or through or from the CiG Services shall create any warranty not expressly stated in these Terms.

Limitation of Liability

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CANON’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CANON SHALL NOT BE LIABLE TO YOU 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 SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OF THE CiG SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CiG SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE CiG SERVICES.

No Third Party Beneficiaries

As a Member and/or Invitee, You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

Notice

Canon may contact or send notice to You as Member or Invitee, via e-mail, through website bulletin boards, or in any manner which Canon deems suitable and which is reasonably likely to reach You.

Canon’s Trade Mark

No one is permitted to display or use in any manner the Canon or Canon group trademarks or logos without Canon’s prior written permission.

No Waiver

A failure of Canon to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and shall in no way affect its right to later enforce or exercise it.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, 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 which shall be deemed severed.

Choice of Law and Forum

The construction, validity and performance of these Terms shall be governed by Dutch Law, and all users agree to submit to the non-exclusive jurisdiction of the competent courts of Amsterdam

Canon’s Contact Details

Canon Europa N.V.
Bovenkerkerweg 59-61
1185 XB Amstelveen
Netherlands
Tel 0031 20 545 8545
Fax 0031 20 545 8222

Registered no: Company Registration Number: 33166721
VAT no: NL005916343B01

Participating Countries

Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Austria, Luxembourg, Netherlands, Norway, Portugal, Switzerland, Sweden, Finland, United Kingdom