The Canon Photo Channel has been
provided to you by the New England Division of Time Warner Entertainment
Company, L.P. (“TWCM”) and Canon Development Americas, Inc. (“Canon”) (a
subsidiary of Canon U.S.A., Inc. and Canon Inc.), jointly referred to
hereinafter as the “Providers,” for your own personal use, and not for
commercial purposes. This Canon
Photo Channel Use Policy and TWCM Acceptable Use Policy govern your use of the
Canon Photo Channel service. The
Providers reserve the right to change and or modify their Use Policies from time
to time. A current copy of the
Canon Photo Channel Use Policy shall be posted to the Canon Photo Channel
service or TWCM website.
Terms &
Conditions:
Lawful Conduct: Your use of the Canon Photo Channel and
all digital images posted thereto must be lawful and you must comply with all
applicable laws, rules, and regulations, whether foreign or domestic, civil or
criminal, governing the use thereof.
Unlawful or unacceptable use or content shall constitute a violation of
the Canon Photo Channel Terms of Use and the Providers may immediately terminate
your access to the Canon Photo Channel.
Prohibited Use and Conduct: As a condition of your use of the Canon
Photo Channel you may not:
v
use the Canon
Photo Channel, including uploading, viewing, transmitting, managing, printing,
etc. any content, in a manner that may violate any applicable law, rule, or
regulation, whether foreign or domestic, civil or criminal, including but not
limited to the Child Pornography Prevention Act of 1996 (CPPA) 18 U.S.C.A
§2252A.
v
use the Canon
Photo Channel, including uploading, viewing, transmitting, managing, printing,
etc. any content, in a manner that may be considered defamatory, obscene,
threatening, abusive, vulgar, profane, pornographic, violent, or otherwise
offensive, or may infringe on the privacy right of another
person;
v
use the Canon
Photo Channel, including uploading, viewing, transmitting, managing, printing,
etc. any content, in a manner that may infringe upon the intellectual property
rights of another person or entity;
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damage,
interfere with, or disrupt (or any attempt to do the foregoing) the Canon Photo
Channel services, its servers or networks connected thereto, or otherwise
compromise the performance, integrity or security of the Canon Photo Channel;
v
upload, post,
or otherwise transmit any content or material that contains any computer virus,
Trojan horses, worms, time bombs or other computer code, files or programs
designed to interrupt, destroy, limit, or otherwise adversely affect the
functionality of the Canon Photo Channel, its servers, or networks connected
thereto or any computer system, hardware, software, telecommunications
equipment, or data; or
v
use the Canon
Photo Channel for commercial purposes.
Monitoring of Content: The Providers do not control the content
of any user’s photo album, nor do they
monitor or have any obligation to monitor or police the use of the Canon
Photo Channel. The Providers
reserve the right to delete, remove, or otherwise edit any submission to the
Canon Photo Channel that, in the Providers, either individually or jointly, sole
discretion and without any notice or liability to the you or any other person,
deem abusive, vulgar, profane, pornographic, violent, defamatory, obscene, or
otherwise offensive, may infringe on the privacy right of another person, is in
violation of any laws or this Canon Photo Channel Use Policy, or is otherwise
deemed unacceptable. You are
responsible for any content submitted by You and all of those whom you permit to
use and/or access your account on the Canon Photo Channel. The Providers are not responsible for
the content submitted by any user of the Canon Photo
Channel.
Privacy Policy: The Providers respect your right to
privacy and shall protect and use any information submitted by you as a result
of your use of the Canon Photo Channel as outlined in the Time Warner Cable and
Affiliated ISPS Subscriber Privacy Notice.
Additionally, the Providers routinely gather
information on Canon Photo Channel activity, such as data concerning usage
patterns, including but not limited to frequency of use, day,
time, number of photo albums, number of photos uploaded on the system, storage
in MB's, how often users print, what functions users use e.g. rotate, slideshow,
move, copy, and like data. All such information is collected
through the use of web server logs.
A web server log is a file where web site activity is stored. The information gathered is used to
better design the Canon Photo Channel service and to share with advertisers to
create targeted marketing. Please
be advised, notwithstanding anything set forth to the contrary in the Time
Warner Cable and Affiliated ISPS Subscriber Privacy Notice, the Providers may
release information relating to you and your use of the Canon Photo Channel
service when the Providers believe release is appropriate to comply with law, to
enforce or apply the Canon Photo Channel Use Policy, or to protect the rights,
property, or safety of the Providers, Canon Photo Channel users and others.
Ownership of Your Digital Images:
Ownership of the Canon Photo Channel
service and materials: All right,
title and interest, including, but not limited to, all copyright, patent, trade
secret, and other intellectual property rights to the Canon Photo Channel are
owned by the Providers, their affiliates or licensors. Except as expressly stated herein, no
license or right is hereby transferred or conveyed to you under any patents,
copyrights, mask works or other proprietary rights of the Providers or
their licensors. The
Canon Photo Channel, as well as associated media, printed materials, and
“online” or electronic documentation, information and other materials are
protected by international intellectual property laws and treaties. You may use the Canon Photo Channel,
including any media, materials, software, information and the like only for
personal, non-commercial purposes.
Disclaimer of Warranty: You hereby acknowledge and agree that
the Canon Photo Channel and all software, products and services provided by the
Providers are being provided "AS IS".
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PROVIDERS,
THEIR AFFILIATES, AND LICENSORS DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRIGEMENT. THE PROVIDERS MAKE NO
WARRANTIES AS TO THE ACCURACY, RELIABILITY
AND PERFORMANCE OF THE CANON PHOTO CHANNEL. THE PROVIDERS specifically disclaims any liability or
responsibility for any damages to you arising from any non-accessibility or
other down time of the Canon Photo Channel.
Limitation of Liability: USE OF THE CANON PHOTO CHANNEL IS AT
YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT SUBMITTED BY YOU IS AT
YOUR OWN DISCRETION AND RISK. THE
PROVIDERS ARE NOT RESPONSIBLE, IN ANY WAY, FOR ANY DAMAGE TO OR LOSS OF YOUR
DIGITIAL IMAGES, YOUR COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY OTHER LOSS THAT
MAY RESULT FROM YOUR USE OF THE CANON PHOTO CHANNEL.TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDERS, THEIR
AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS, USE, DATA OR OTHER INFORMATION ARISING FROM OR RELATING TO THIS
AGREEMENT OR THE USE OR INABILITY TO USE THE CANON PHOTO CHANNEL, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF
WHETHER OR NOT SUCH DAMAGE OR LOSS WAS FORESEEABLE AND EVEN IF THE PROVIDERS,
THEIR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE TOTAL CUMULATIVE
LIABILITY OF PROVIDERS TO YOU ARSING FROM ANY NON-ACCESSIBLITY TIME OR OTHER
DOWN TIME SHALL BE LIMITED TO A PRO-RATA CREDIT OF YOUR CANON PHOTO CHANNEL
MONTHLY SUBSCRIPTION FEES DURING THE SYSTEMS UNAVAILABILITY. This exclusion and limitation shall
apply even if any remedy fails of its essential
purpose.
Miscellaneous:
v
You agree to
indemnify and hold the Providers, their affiliates, officers, directors,
employees, agents, licensors and suppliers, harmless from and against any loss,
damages or expenses (including reasonable attorneys’ fees and expenses) based
upon or arising from any violations of this Canon Photo Channel Use Policy or
the TWCM Acceptable Use Policy, any content or images posted to the Canon Photo
Channel, or your use of (either personally or by those whom you allow to access
your account) the Canon Photo Channel, including any and all activities related
to thereto.
v
This Canon
Photo Channel Use Policy and all legal issues arising therefrom or related
thereto or to the use of the Canon Photo Channel Service shall be governed and
construed in accordance with the laws of the State of
v
If any
provision of this Use Policy shall be held by a court of competent jurisdiction
to be illegal, invalid or unenforceable, the remaining provisions shall remain
in full force and effect.
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No waiver of
any breach of any provision of this Use Policy shall constitute a waiver of any
other breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of
the waiving party.
v
Any notices
or correspondence regarding the Canon Photo Channel service or any content
posted thereto shall be delivered to the both Providers at following addresses,
and shall be deemed received upon actual receipt
thereof:
§
Canon Development Americas, Inc.
Attn: Corporate
Counsel
§
Attn: Keith Burkley, Division
President
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This Use
Policy constitutes the entire agreement between you and the Providers with
respect to your use of the Canon Photo Channel.