Last Updated on 19 Oct 2015
Canon Singapore Pte. Ltd. ("Canon") provides you with a personal, non-exclusive and non-assignable right to use CANON iMAGE GATEWAY service ("CiG") as a Member or Invitee (both as defined below and as may be applicable) subject to these Terms and Conditions of CANON iMAGE GATEWAY ("T&C"). CiG
(a) enables a Member to:
(b) enables an Invitee to view the images in the relevant Member's album. If permitted by the Member, Invitee can also upload images to the album or add comments.
I. Acceptance of T&C
1. Acceptance of T&C
By accessing or using CiG, you accept and agree to be bound by this T&C. This T&C may be updated by Canon from time to time without prior notice to you. By continuing to use CiG after Canon publishes an update, you accept and agree to be bound by such update. Canon recommends that you periodically visit this page to review the latest T&C. The most recent date on which this T&C was updated will be indicated above. If you do not agree to this T&C or to any update thereof, you should stop using CiG.
II. Member User Account
CiG is only available to citizens and legal residents of Singapore, Malaysia, Thailand, Vietnam, Indonesia, Bangladesh, Brunei, Cambodia, Maldives, Myanmar, Nepal, Pakistan and Sri Lanka (“Territory”) who are 13 years old and above and not barred from using CiG in accordance with the applicable laws of the Territory and who own and have registered certain qualifying Canon brand products. Availability of CiG in a country within the Territory is further subject to CiG not being unlawful or restricted under the laws of such country. You agree to ensure that your registration information is accurate and up to date from time to time. If you are at least 18 years of age, you represent that you have legal capacity to agree to be bound by this T&C. If you are between 13 years of age but less than 18 years of age, you represent that (i) your parent/legal guardian has consented to you using CiG and providing your personal information; and (ii) your parent/legal guardian has read and accepted this T&C on your behalf and agree to provide the particulars of your parent or legal guardian to Canon on request.
3. User Account and Password
You need to register and be accepted as a CIG member ("Member") to use CiG. as a Member. An account will be created for you to 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 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 will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Deregistration of User Account
You may at any time unsubscribe from CiG, in accordance with Canon's unsubscribe procedure. Once you unsubscribe, you will not be able to access CiG and your Contents will be deleted in accordance with Canon's standard protocols.
5. Termination of Use
If you breach any of your obligations in this T&C or Canon deems you inappropriate as a Member or Invitee or if your User Account is inactive (as deemed by Canon) Canon may, at its sole discretion and without notice to you, terminate your use of CiG. On such cancellation, you will not be able to access CiG and your Contents will be deleted in accordance with Canon's standard protocols.
6. Survival of Your Obligation
Neither termination of your use of CiG nor deregistration of your User Account shall affect any of your accrued obligations under this T&C.
III. Provision of CiG
7. Provision of CiG
CiG is provided on an "as is" and "as available" basis for your personal and non-commercial use only. You understand Canon may stop or suspend CiG at any time without notice. Canon accepts no responsibility for the availability or unavailability of CiG or the accuracy of any of the information available on, transmitted via, or in connection with CiG. CiG is provided at no charge but you shall bear any costs necessary for you to access CiG. Canon may subcontract all or any part of its activities in connection with CiG, without notice.
8. Storage of Contents
As a Member, you may upload, post and transmit the Contents to CiG using your Library and Album(s) and store the Contents (except comments thereon) in CiG up to 10 gigabytes in the aggregate. The Contents 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 to change from time to time the amount of storage space or the period of time for which Contents will be stored without notice.
9. Sharing of Contents
A Member may share the Contents with an Invitee by sending an e-mail or using certain third party's web service or other methods. If a Member sends an e-mail via CiG to an Invitee to share the Contents with the Invitee, the email address of the Invitee may be stored in CiG for convenient future sending. It should also be noted that if a Member uses a third party's web service which is linked to CiG to share the Contents with an Invitee while logged on to CiG, the Member's ID and password for logging on to such third party's web service may be stored in CiG for convenient future log on. YOU ACKNOWLEDGE AND AGREE THAT, AFTER YOU SHARE THE CONTENTS WITH INVITEE, THE CONTENTS MAY SUBSEQUENTLY BE SHARED BY THE INVITEE WITH OTHER PERSON(S) (ALSO REFERRED TO AS "INVITEE"), EVEN IF YOU DO NOT DESIRE SO.
10. Invitee Contents
(a) A Member may allow an Invitee to upload, post and transmit Invitee's Contents to CiG using your Album(s). As a Member, you acknowledge and agree that your Invitee's Contents shall be deemed your Contents and you are fully responsible for any and all Contents.
(b) As an Invitee:
11. Responsibility for Contents
(a) YOU ACKNOWLEDGE AND AGREE THAT THE SUBMISSION OF ANY CONTENTS TO CiG, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH CiG IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE ALSO FULLY RESPONSIBLE FOR CREATING BACK-UPS OF THE CONTENTS.
(b) 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 OR 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.
12. Annotation Data
You should be aware that when you upload, post and transmit Contents to 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, comments, EXIF markernote, XMP and IPTC block) which is contained in the Contents may also be uploaded. You may choose not to share the annotation data when you share the Contents with an Invitee and an Invitee may choose not to upload, post and transmit the annotation data, when uploading, posting and transmitting Contents to CiG. Please note however that 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. You also acknowledge and agree that when you use CiG, Canon's servers may automatically record certain information about your use such as account activity and other log information (including browser type, IP-address, date and time of access, cookie ID, and referrer URL).
13. Third Party Involvement
Canon may provide, or may cause third parties to provide a URL link to other websites or resources through 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 website or resource.
14. Contents License to Canon
Canon does not claim ownership rights in or to any Contents. You grant to Canon, Canon's subsidiaries, affiliates or 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 sub-licensable license to copy, reproduce, use, display, modify, transmit and distribute the Contents for free for the purpose of providing CiG, promoting CiG or other related matters ("Purpose"), and you agree that they are free to use any ideas, concepts, know-how or techniques that you upload, post and transmit to CiG for the Purpose.
15. Modification to and Discontinuance of CiG
Canon reserves the right at any time to change, modify or discontinue, temporarily or permanently, CiG without notice and you agree not to hold Canon liable for any such change, modification or discontinuance. Canon reserves the right not to reply to any queries and/or not to provide any support in connection with CiG.
IV. Prohibited Conduct
16. Prohibited Conduct
You agree to use CiG only as allowed under this T&C based on your rights as Member or Invitee (as may be applicable) and in accordance with applicable laws and regulations. You agree not to use CiG to:
(a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, post, transmit or otherwise make available any content that you do 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);
(c) 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;
(d) 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;
(e) 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;
(f) harm minors in any way;
(g) "stalk" or otherwise harass another;
(h) impersonate any person or entity or falsely state or otherwise misrepresent your or Invitee's affiliation with a person or entity;
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through CiG;
(j) interfere with or disrupt CiG or servers or networks connected to CiG, or disobey any requirements, procedures, policies or regulations of networks connected to CiG; and/or
(k) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.
Canon reserves the right at any time to delete or remove any contents from CiG, when it reasonably suspects that such contents are prohibited by this Section or are otherwise deemed inappropriate by Canon. Canon, or a third party on behalf of Canon, may disclose information, including without limitation, information concerning you, or a transmission made using 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 that your information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Canon may disclose your information or information transmitted over CiG where necessary to protect others from harm. Notwithstanding the foregoing, you acknowledge and agree that Canon has no control over the Contents in CiG (except as provided herein), nor does Canon purport to monitor the Contents in CiG, to ensure its accuracy, appropriateness or conformity with the principles outlined in this T&C.
17. No Commercial Reuse of CiG
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, CiG.
18. Responsibility for Invitee's Conduct
AS A MEMBER, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPOSIBLE FOR ANY OF YOUR 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 IN CONNECTION WITH CIG.
VI. Indemnity and Disclaimer
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 (and in the case of a Member indemnifying, such Member's Invitee(s)') use of CiG, violation of this T&C or any other actions connected with the use of 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 EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF CiG IS AT YOUR SOLE RISK. THE INFORMATION AND MATERIALS LOCATED OR HOSTED ON, OR LINKED TO CIG ARE OF A GENERAL NATURE WHICH HAVE NOT BEEN VERIFIED, CONSIDERED OR ASSESSED BY CANON AND 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) CiG WILL MEET YOUR REQUIREMENTS, (b) CiG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CiG WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CiG IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE FULLY RESPONSIBLE FOR ANY DAMAGE TO YOUR 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 CiG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS T&C.
CIG IS MADE AVAILABLE IN ACCORDANCE WITH SINGAPORE LAWS ONLY. YOUR ABILITY TO USE CIG DOES NOT CONSTITUTE ANY OFFER BY CANON SINGAPORE TO A PARTY IN A JURISDICTION OUTSIDE SINGAPORE WHERE THE AVAILABILITY OR USE OF CIG IS UNLAWFUL OR RESTRICTED. THE AVAILABILITY AND USE OF CIG MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS. PERSONS WHO USE CIG ARE REQUIRED TO INFORM THEMSELVES ABOUT AND TO OBSERVE ANY SUCH RESTRICTIONS AND COMPLY WITH THE APPLICABLE LAWS AND REGULATIONS.
22. Limitation of Liability
WITHOUT PREJUDICE TO ANY GENERAL EXCLUSION OF LIABILITY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT 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 CiG; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OF CiG; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CiG; OR (e) ANY OTHER MATTER RELATING TO CiG.
23. No Third Party Beneficiaries
There shall be no third party beneficiaries to this T&C except for Canon Inc and as otherwise expressly provided in this T&C.
Canon may contact you or send you 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 will be deemed to have been given on dispatch.
25. Canon's Trade Mark
You must not display or use in any manner Canon's or any 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 CiG without authorization in a way that constitutes copyright infringement, please contact us at the following address by registered mail:
Canon Singapore Pte. Ltd.
1 Fusionopolis Place, #15-10 Galaxis
Attention: General Counsel, Legal & Secretarial
27. No Waiver
A failure of Canon to exercise or enforce any right or provision of this 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 this 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
The construction, validity and performance of this T&C shall be governed by Singapore laws, you and Invitee agree to submit to the non-exclusive jurisdiction of the Singapore courts.
30. Entire Agreement
31. Contact Us
If you become aware of any unauthorised use of CiG or wish to contact us for matters relating to CiG, please contact one of our following offices.
Canon Singapore Pte. Ltd.
1 Fusionopolis Place, #15-10 Galaxis
Attention: CANON iMAGE GATEWAY