CANON INFORMATION TECHNOLOGY SERVICES, INC.
TERMS OF USE
Last Updated: January 1, 2014
This web site, including any portion of this web site accessible through the homepage, or any mobile version thereof (collectively, the "Site") is published and maintained by Canon Information Technology Services, Inc. and its parent, affiliates and/or related entities ("Canon ITS"). Throughout the Site, the terms “we,” “us” and “our” refer to Canon ITS. This document is a legal contract, and by accessing, browsing, or using the Site you, the user, agree to be bound, without limitation or qualification, to the terms of use ("Terms of Use”) set forth herein. These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device, or any other technology or device now known or hereafter developed (each a “Device”).
Under no circumstances will Canon ITS be responsible for any wireless charges incurred by a user (or any person that has access to a user's wireless Device, telephone number, or email address) for access or use of the Site.
Canon ITS reserves the right to modify, change, alter or otherwise edit these Terms of Use at any time by updating this posting. By continuing to use the Site after Canon ITS publishes changes, you agree to be bound by such changes. Canon ITS recommends that you periodically visit this page to review the then current Terms of Use. The most recent date on which the Terms of Use were updated will be indicated above. If you do not agree to these Terms of Use, or to any modification thereof, you are not authorized to use the Site.
USE OF THE SITE
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Canon ITS, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on this Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Canon ITS, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Canon ITS reserves the right to remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Canon ITS, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Canon ITS’ sole discretion. Canon ITS neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Canon ITS.
The words "use" or "using" in this Terms of Use, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or Device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever.
You agree that your use of the Site will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect Canon ITS, including engaging in or attempting to engage in the following conduct:
• interrupting the operation of this Site in any manner whatsoever, including by imposing an unreasonable load on the Site’s infrastructure;
• deleting or revising any material or other information of any other user, Canon ITS, or any third party;
• harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
• deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site;
• posting advertisements or solicitations of business other than those explicitly approved by Canon ITS;
• defeating, investigating, or providing information concerning methods of defeating Site security mechanisms, including by allowing another person to access the Site using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
• engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Site, or which, in Canon ITS’ judgment, exposes Canon ITS or any of its users, customers, or suppliers to any liability or detriment of any type;
• engaging in conduct affecting Canon ITS adversely or reflecting negatively on Canon ITS, the Site, Canon ITS’ goodwill, name or reputation or anyone else, or discouraging any person or entity from doing business with Canon ITS; or
• taking any other action that could endanger or cause damage to Canon ITS, other users of the Site, or other third parties.
Canon ITS may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your access to or use of the Site or initiation of civil or criminal legal proceedings. Under these circumstances, Canon ITS may also investigate your use of the Site and provide information about your use to law enforcement.
SUBSITES
You may be required to agree to a supplemental terms of use agreement in order to access certain portions of the Site, which are known as “subsites.” If you attempt to access a subsite that requires you to enter into such a supplemental agreement, Canon ITS will advise you and provide you with an opportunity to review the supplemental terms and agree to them before accessing the subsite or using such subsite’s services. Both these Terms of Use and the supplemental terms will govern your use of the subsite. In the event of any inconsistency between these Terms of Use and the supplemental terms, the supplemental terms of use will control, except that nothing in the supplemental terms of use may limit (a) Canon ITS’ disclaimer of warranties, (b) your agreement to indemnify Canon ITS, or (c) the licenses you grant to Canon ITS in your Communications or other intellectual property.
OUR INTELLECTUAL PROPERTY RIGHTS
Copyright:
All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by Canon ITS or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other web site or networked computer environment for any purpose is prohibited.
Trademarks:
Canon ITS trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Canon ITS by Canon Inc. (collectively, the "Trademarks") displayed on the Site, including but not limited to the Canon logo, are trademarks or registered trademarks of Canon Inc. or Canon ITS, or other Canon companies, as the case may be. All other trademarks, trade names, product names, service marks and all other non-Canon ITS marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Canon ITS or such third party that may own other trademarks displayed on the Site. The absence of a product or service name or logo anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide Canon ITS’ designated copyright agent with the following information:
• identification of the copyrighted work claimed to have been infringed;
• identification of the allegedly infringing material on the Site that is requested to be removed;
• your name, address and daytime telephone number, and an e-mail address if available, so that Canon ITS 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.
Canon ITS’ copyright agent for notice of claims of infringement on the Site is:
By U.S. Mail:
Copyright Agent
Canon Information Technology Services, Inc.
850 Greenbrier Circle
Chesapeake, Virginia 23320
By Email:
copyrightagent@cits.canon.com
By Phone:
(757) 413-2858
By Fax:
(757) 523-4941
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Site. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Canon ITS 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 the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
USERNAMES AND PASSWORDS
Certain areas of this Site may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Canon ITS of any unauthorized use of your password or account or any other breach of security that you become aware of. Canon ITS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If Canon ITS, or a third party, such as an authorized service provider, requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to Canon ITS changes, you agree to promptly provide Canon ITS with updated information.
COMMUNICATIONS AND SUBMISSIONS
User Communications:
Other than Personally Identifiable Information, which is defined and covered in the Canon ITS' Online Privacy Statement, any material, information or other communication you send or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Canon ITS will have no obligations with respect to the Communications.
You agree that none of your Communications will include material that:
• is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
• could interfere with anyone else's use of the Site;
• encourages or incites anyone to break the law;
• violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
• contains a virus or any other harmful or potentially harmful component; or
• contains false or misleading statements of fact or descriptions of the origin of the material or the communication.
Although you are solely responsible for the content you provide, Canon ITS may, but is not required to, monitor Communications. If Canon ITS becomes aware of Communications that violate these Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, Canon ITS may act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these Terms of Use.
Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Site may be read or intercepted by others. By sending Communications to Canon ITS, you release Canon ITS of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.
Unsolicited Ideas:
Canon ITS and its parent company, and affiliates have been actively engaged in research and development in diversified scientific and business areas for many years. In order to protect the interests of Canon ITS, its parent company, and affiliates in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, Canon ITS does not solicit ideas, inventions, and the like or agree to receive any confidential information from persons or entities outside the Canon group of companies. Canon ITS maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Ideas") and therefore you should not submit any Unsolicited Idea to Canon ITS in any Communications through this Site or otherwise. Canon ITS does not wish to receive Unsolicited Ideas from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, Canon ITS strongly recommends that you first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.
Nonetheless, if you do send Canon ITS an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of Canon ITS. By submitting an Unsolicited Idea to Canon ITS, you agree to convey your ownership interest in the Unsolicited Idea to Canon ITS, and that Canon ITS will exclusively own all rights, title and interest therein. Furthermore, Canon ITS will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. Canon ITS will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities in the Unsolicited Idea and any future Canon ITS uses or activities.
THIRD PARTY COMPANIES & PRODUCTS
Mention of third party products, companies and web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Canon ITS makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and Canon ITS is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that Canon ITS approves, or endorses or recommends that site. Canon ITS disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.
DISCLAIMER
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CANON ITS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT CANON ITS WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.
OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND CANON ITS CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. CANON ITS THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CANON ITS' NEGLIGENCE OR GROSS NEGLIGENCE, WILL CANON ITS, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF CANON ITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
CANON ITS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. CANON ITS ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CANON ITS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
INDEMNIFICATION
You agree to indemnify, defend and hold Canon ITS and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Site or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in Canon ITS' defense of any such claim. You agree that Canon ITS shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that Canon ITS, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Canon ITS, whether or not the settlement binds or is on behalf of Canon ITS, without the written consent of Canon ITS.
TERMINATION
Canon ITS may terminate this agreement and/or suspend or terminate your access to the Site for any reason at any time without notice to you. If you wish to discontinue your access to the Site and cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.
Otherwise applicable sections of the Terms of Use shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us in your Communications are perpetual, these licenses survive any termination of this agreement.
APPLICABLE LAWS
This Site is administered by Canon ITS from its offices in Newport News, Virginia, United States of America and is intended only for use by residents of the United States of America. These Terms of Use are governed and interpreted under the laws of the State of New York. You agree that any claim or dispute against Canon ITS arising out of or relating to the use of this Site must be resolved by a court located in New York unless otherwise agreed upon by all parties.
GENERAL PROVISIONS
These Terms of Use and the Canon ITS Online Privacy Statement, which are part of this agreement and is incorporated herein by reference, set forth the entire understanding and agreement between you and Canon ITS with respect to the Site. You acknowledge that any other agreements between you and Canon ITS with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.
BY CONTINUING TO USE THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
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