Canon Photo Channel Use Policy

 

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; 

v      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:  United States and international copyright laws vest ownership and protection of photographic images upon creation thereof or otherwise protect ownership interest in and to photographic images.  You must own the right or obtain the permission of the copyright owner to submit, copy, upload, print or otherwise use any digital image posted by you to Canon Photo Channel.    The Providers do not claim any ownership rights in any images submitted by you to the Canon Photo Channel.  Under your copyrights, you hereby grant the Providers a royalty free, non-exclusive license to display, use, copy, and distribute your digital images, for the purpose of providing the Canon Photo Channel  to you and all those to whom you share your album(s). 

 

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 New York.  You and the Providers consent only to the jurisdiction of the state and federal courts located in New York City, New York, in connection with any lawsuit, action or proceeding arising out of or relating to this agreement, and such courts shall have exclusive jurisdiction over any such controversies.  The parties hereby waive any defense of lack of in personam jurisdiction, improper venue, and forum non conveniens for actions brought in both State of New York courts and United States federal courts, which are located in New York City, New York.

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.

v      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.

110 Innovation Drive

Irvine, California 92612

Attn: Corporate Counsel

 

§         New England Division of Time Warner Entertainment Company, L.P.

118 Johnson Road

Portland, Maine 04101

Attn:  Keith Burkley, Division President

 

v      This Use Policy constitutes the entire agreement between you and the Providers with respect to your use of the Canon Photo Channel.