Website Terms of Use

1. GENERAL

This web site, including any portion of this web site accessible through the homepage, (collectively, the “Website”) is published and maintained by Canon Canada Inc. and its affiliates and/or related entities (“Canon”). This document is a legal contract, and by accessing, browsing, or using the Website, you agree to be bound, without limitation or qualification, to the terms of use set forth below (“Terms of Use”).

Canon 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 Website after Canon publishes changes, you agree to be bound by such changes. Canon 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 Website.

2. COMMUNICATIONS

Other than Personal Information, which is defined and covered in Canon’s online Privacy Policy, any material, information or other communication (collectively, “Communications”) that you Post (as such term is defined below) will be considered non-confidential and, with the exception of photos that you Post, non-proprietary. Except as otherwise set out in these Terms of Use, Canon will have no obligations with respect to the Communications.

3. PHOTOGRAPHERS - LICENSE GRANTED AND COMMISSIONS PAYABLE

3.1 License to Canon - Photos:

By posting, uploading, adding, communicating, storing, or otherwise transmitting on, to, or through the Website (collectively, “Posting”) any photos, you understand and agree that you are giving Canon an irrevocable, perpetual, non-exclusive, worldwide and fully sub-licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the photos and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology (including Canon’s social media properties and other web properties, as Canon determines, in its sole discretion) now known or later developed for the sole promotion of OFF THE FEED and the Website and not for any other Canon marketing campaigns not related to OFF THE FEED or the Website.

3.2 Waiver of Rights:

You further understand and agree that by Posting any photos, you thereby irrevocably (i) waive against and in favour of the world all moral rights (as that term is defined in the Canadian Copyright Act) in relation to such photo and/or prints; and (ii) waive any right that you may have to inspect or approve the photos and or/prints (including with respect to any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the photos and/or prints or in any subsequent or reproduction thereof, as well as any publication thereof) and any advertising copy or other material that may be used in connection therewith.

By Posting a photo to the Website, you represent, warrant and covenant that:

  1. You own all rights, title, and interest in and to the photos that you Post and have the sole and exclusive authority to license such photos as provided herein, free and clear of any obligation to account or pay compensation to, or to obtain the approval of, any other party;
  2. You are the original creator of each such photo and you are authorized to access the Instagram account that you have linked to the Website;
  3. You will act in a professional, cooperative manner towards Canon;
  4. You have obtained all releases and permissions necessary for Canon to exercise its rights hereunder (including but not limited to model, location, and background releases, as well as trademark permissions) with respect to any such photo;
  5. No further permission is required by Canon to use any such photo as contemplated herein;
  6. Providing any such photo to Canon will not violate any applicable laws.
  7. There are no claims, litigation, or other proceedings (including those that are pending or threatened) with respect to any such photo which could adversely affect Canon’s rights contemplated herein;
  8. Any identity disclosed to Canon is your true identity;
  9. You will promptly disclose that you have received compensation, products, and/or other incentive items from Canon, as applicable;
  10. Your Communications shall at all times be in a manner appropriate for a family audience;
  11. Your Communications shall at all times reflect your honest, current opinions and beliefs based on your personal experience, including with respect to Canon products and services;
  12. You will not make any false, misleading, or deceptive statements, and that you will not make any product performance or attribute claims, about either Canon products or services in connection with the Website;
  13. Canon has the right to use and permit the use of your name, photograph, signature, likeness, endorsement, voice or biographical material for the purposes of advertising, promotion and publicity, of your photos and/or prints, including without limitation, using your name in the title or information or caption of prints;
  14. Canon may promote the sale of any such photo on any platform, including the OFF THE FEED Instagram channel, for the duration of the time that your photo is available on the Website;
  15. Canon is under no obligation to cause any advertising, promotion or publicity materials produced hereunder to be used or broadcast, and that Canon has no liability for any visualization which may occur to any materials, including, but not limited to any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the photos and/or prints or in any subsequent or reproduction thereof, as well as any publication thereof; and
  16. If and to the extent reasonably required by Cannon, for the purpose of Canon complying with its legal or broadcaster requirements concerning the use of testimonials and endorsements in advertising or any other use of yours, you will furnish appropriate affidavits attesting to your use of and preference for the Canon products.

3.3 Promotion of Photos:

If any of your photos are selected to be featured for sale on the Website, then you shall use best efforts to promote, on your personal social media accounts during the entire duration of the time that each such photo is available for purchase on the Website, the sale of each such photo on the Website. Canon has the right, at any time and in its sole discretion, to remove any of your photos from the Website and all other properties used for the promotion of the Website.

3.4 Commissions Payable by Canon:

Canon agrees to pay you a commission for the sale by Canon of each print of one of your photos. Canon reserves the right, in its sole discretion, to modify the amount of commission paid to you for each print and time it takes for you to get paid by Canon. At this time, (i) Canon agrees to pay you a commission of 35% of the sale price (which, for certainty, does not include any applicable taxes) for each featured print and 30% of the sale price for each gallery print; (ii) Canon agrees to pay you within 30 days of ship confirmation to the customer who has purchased a print.

4.PURCHASING PHOTO PRINTS

4.1 License for Purchaser:

By purchasing a print of a photo from the Website, you are granted a non-exclusive, worldwide, non-transferable, and non-assignable License to display the print for personal (not commercial and not for distribution to any third party) purposes only (in each case, the “License”). The License will terminate if, in Canon’s sole discretion, you breach any of the terms of these Terms of Use.

No ownership or copyright in any Photo Content shall pass to you by the issuance of a License. Except as expressly stated in these Terms of Use, Canon does not grant you any right or license, express or implied, to the Photo Content.

4.2 Prohibited Uses of Photos and Prints:

Unless you are the original creator of the photo that was Posted, you shall not, with respect to a photo or any prints created therefrom (collectively, the “Photo Content”):

  1. use the Photo Content in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates
  2. use or display the Photo Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products (e.g. products in which content is selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes custom-designed websites);
  3. use the Photo Content in connection with any goods or services intended for resale or distribution including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
  4. use any of the Photo Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  5. represent, expressly or impliedly, that you are the original creator of a visual work that derives a substantial part of its artistic components from the Photo Content.
  6. incorporate the Photo Content in any product that results in a re-distribution or re-use of the Photo Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
  7. use the Photo Content in a fashion that is considered by Canon (acting reasonably) as or under applicable law is considered unlawful, threatening, libelous, defamatory, indecent, obscene, or pornographic in nature, or that would be reasonably likely to bring any person or property reflected in the Photo Content into disrepute;
  8. if any Photo Content featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement adjacent to the Photo Content that indicates that the Photo Content is being used for illustrative purposes only;
  9. to the extent that source code is contained within the Photo Content, reverse engineer, decompile, or disassemble any part of such source code;
  10. remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Photo Content;
  11. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Photo Content or the rights granted under these Terms of Use;
  12. put a copy of the Photo Content on a network server or web server for use by other users;
  13. use or display the Photo Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
  14. if the Photo Content is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Photo Content contrary to the terms of this Agreement, and (ii) in such event, upon Canon’s request, you shall remove any Photo Content from such platform or website.

4.3 Misprints and Errors, Prices and Purchases:

Canon endeavours to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, Canon reserves the right to change the prices, fees and charges regarding the purchase of products or services available through the Site at any time, and from time to time, without any notice or liability to you or any other person. Also, Canon cannot guarantee that the products or services advertised on the Website will be available when purchased or at any relevant time. Accordingly, Canon reserves the right at any time to reject, correct, cancel or terminate any order or shipping request. If you order services or products for which the fee was incorrectly displayed, Canon will provide you with an opportunity to cancel your order. If you order services or products that are not available, Canon will notify you, and the purchase price you actually paid will be refunded to you. Canon reserves the right to refuse to accept any request for services or products, notwithstanding any course of dealing between Canon and you in the past.

Your online request for services or products delivered over the Website constitutes your request to engage Canon to supply those services or products. Your request for services or products shall be deemed to be accepted only if and when Canon actually carries out your instructions.

4.4 Payment and Billing:

You agree to pay applicable charges (including applicable taxes) for purchases that you make from Canon. Certain persons may enjoy a tax exempt status. In those circumstances, please ensure you communicate with Canon to ensure your tax exempt status is properly recognized in the Canon system.

All prices displayed on the Website are subject to change from time to time and without notice. Canon may limit the number of promotions for which you may be eligible in a given period. In addition, certain promotional offers and discounts may apply to first-time purchasers only. Canon will disclose your payment terms at the time you make purchases from the Website.

You must select a payment method to pay Canon for any purchases you make from Canon. Every time you purchase a product or service, you reaffirm that (i) Canon or Canon’s authorized billing agent is authorized to charge your designated payment method; (ii) Canon may submit for payment charges incurred under your account; and (iii) you will be responsible for such charges, even if your account is cancelled or terminated. Recurring charges are billed in advance of service. You agree to provide Canon with accurate and complete billing information, including valid credit card or other payment method information, your name, address and telephone number, and to provide Canon with any changes in such information promptly after the change. You acknowledge that the agreement between you and your credit card issuer or financial institution governs your use of your credit card for payment of amounts owed to Canon, and that you must refer to such agreement to determine your rights and obligations as a holder of such card.

YOU AGREE THAT CANON (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING AGENT WE USE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO CANON WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW.

You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). Canon may, in its discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the Site and apply those charges to your next billing cycle.

If, for any reason, Canon does not receive payment from your credit card or other payment method issuer, upon demand you agree to pay the overdue amount by other means acceptable to Canon. Canon reserves the right to accept other forms of payment, and if Canon elects to invoice you for services, you agree to pay to Canon the amount indicated in each invoice by the due date reflected on the invoice.

If you believe that a billing discrepancy has occurred, you must notify Canon within 60 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release Canon from any liability for any error or discrepancy that is reported to Canon after such period.

Your failure to pay according to the terms of these Terms of Use shall entitle Canon, without prejudice to our other rights and remedies, to (i) charge interest on a daily basis from the original due date at the rate of the lesser of 18% per annum or the maximum amount permissible by law and/or (ii) suspend or terminate your subscription (if applicable) and/or access to our products and services. You shall reimburse Canon for all reasonable costs incurred by Canon in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable legal fees and court costs. Canon may charge a fee for reinstatement of suspended or terminated accounts.

4.5 Shipping:

Different shipping options may be presented when you go to place an order and prior to checkout. The prices for each of the different shipping options and the associated shipment dates for such options, if applicable, will be presented to you prior to checkout.

Shipping dates and delivery dates are estimates based on a variety of factors and the information we have at the time of purchase. This information may change for reasons outside of Canon’s reasonable control, resulting in changes to shipping dates and/or delivery dates. Canon will notify you of material changes to shipment dates and delivery dates as soon as reasonably possible.

Except as provided by applicable consumer protection laws, once your order has been placed, you may NOT cancel your order, and your order is non-refundable, non-returnable, and may not be exchanged. If you wish to cancel a request for services or products, you may request a cancellation by sending an email to offthefeed@posterjack.ca. However, Canon may not receive and process your cancellation request before it accepts and processes your request for products or services, in which case your cancellation request may not be effective. If a purchased product is defective, Canon may, at its sole discretion, remedy the situation with a replacement product, credit, or refund.

5. COMMUNICATIONS OTHER THAN PHOTOS

By Posting any Communications other than photos, you understand and agree that you are giving Canon a royalty-free, irrevocable, perpetual, non-exclusive, worldwide and fully sub-licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology (including Canon’s social media properties and other web properties, as Canon determines, in its sole discretion) now known or later developed for the sole promotion of OFF THE FEED and the Website and not for any other Canon marketing campaigns not related to OFF THE FEED or the Website.

5.1 Prohibited Communications:

You agree that none of your Communications shall include material that:

  1. Is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law; 
  2. Expresses or implies that any statements you make are endorsed by Canon; 
  3. Could interfere with anyone else’s use of the Website;
  4. Encourages or incites anyone to break the law; 
  5. 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; 
  6. Contains a commercial solicitation of any kind; 
  7. If published or distributed by Canon, will violate or infringe any copyright, trademark, or other intellectual property or proprietary right of any person or entity
  8. Contains a virus or any other harmful or potentially harmful component; or 
  9. Contains false or misleading statements of fact or descriptions of the origin of the material.

5.2 Content of Communications:

Although you are solely responsible for the content you provide, Canon may, but is not required to, monitor Communications. If Canon 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 may, without notice to you and in its sole discretion (a) delete such material (b) restrict access to or the availability of such material, or (c) take other action as described elsewhere in these Terms of Use or as it otherwise sees fit.

5.3 Security of Communications:

Internet transmissions are never completely private or secure. You understand that any Communications that you Post may be read or intercepted by others. By Posting Communications, you release Canon 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.

5.4 Unsolicited Ideas:

Canon and its affiliates (collectively, the “Canon Group of Companies”) have been actively engaged in research and development in diversified scientific and business areas for many years. In order to protect the interests of the Canon Group of Companies in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, Canon does not solicit ideas, inventions, and the like or agrees to receive any confidential information from persons or entities outside the Canon Group of Companies. Canon 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 in any Communications through this Website or otherwise. Canon 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 strongly recommends that you first consult a lawyer 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 an Unsolicited Idea that is not already protected by a patent or is not public information, it immediately becomes the property of Canon. By submitting an Unsolicited Idea to Canon, you agree to convey your ownership interest in the Unsolicited Idea to Canon and that Canon will exclusively own all rights, title and interest therein. Furthermore, Canon 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 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 uses or activities.

6. USE OF THE WEBSITE - GENERAL TERMS AND CONDITIONS

This Website is only for your personal use. As long as you comply with these Terms of Use, Canon grants to you a non-exclusive, non-transferable, non-sublicensable, limited right to enter, display and use the Website.

You agree that your use of the Website will comply with any and all applicable laws. In addition, you agree not to take any steps in connection with your use of the Website that could adversely affect Canon, including engaging in or attempting to engage in the following conduct:

  1. Interrupting the operation of this Website in any manner whatsoever, including by imposing an unreasonable load on the Website's infrastructure;
  2. Deleting or revising any material or other information of any other user, Canon or any third party;
  3. Removing any copyright, trademark or other proprietary rights notices contained in the Website or violating any copyright, trademark or other proprietary or intellectual property rights of others;
  4. Downloading and aggregating data from the Website for the purposes of any competitor of Canon;
  5. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  6. Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Website;
  7. Posting advertisements or solicitations of business other than those explicitly approved by Canon;
  8. Defeating, investigating, or providing information concerning methods of defeating Website security mechanisms, including by allowing another person to access the Website using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
  9. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in Canon’s judgment, exposes Canon or any of its users, customers, or suppliers to any liability or detriment of any type;
  10. "Framing" or "mirroring" any part of the Website, without Canon’s prior written authorization, and you will not use meta tags, links or code or other devices containing any reference to Canon or the Website in order to direct any person to any other web site for any purpose; or
  11. Taking any other action that could endanger or cause damage to Canon, other users of the Website, or other third parties.

Canon 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 license to access the Website or initiation of civil or criminal legal proceedings. Under these circumstances, Canon may also investigate your use of the Website and provide information about your use to law enforcement.

6.2 SUBSITES

You may be required to agree to a supplemental terms of use agreement in order to access certain portions of the Website, which are known as “subsites”. If you attempt to access a subsite that requires you to enter into such a supplemental agreement, Canon 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’ disclaimer of warranties, (b) your agreement to indemnify Canon, or (c) the licenses you grant to Canon in your Communications (as the term is defined below) or other intellectual property.

7. OUR INTELLECTUAL PROPERTY RIGHTS

7.1 Copyright: 

All materials on the Website, including but not limited to the Photo Content, images, software, audio, text, data compilations, digital downloads and video clips (collectively, the “Content”) are protected by copyright under U.S. and Canadian copyright laws, international conventions and other copyright laws. All Content is owned or licensed by Canon or by its third-party licensors. Except with respect to the Photo Content, 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.

7.2 Trademarks:

The trademarks, logos, service marks, trade names, product names and slogans displayed on the Website are registered and unregistered marks of Canon, Canon Inc. or third parties (collectively, the “Trademarks”). Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written permission of Canon or such third party that may own other trademarks displayed on the Website. The absence of a product or service name or logo anywhere in the text of this Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

7.3 Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked to the Website without authorization in a way that constitutes copyright infringement, please provide Canon’s legal department with the following information:

  1. Identification of the copyrighted work claimed to have been infringed; 
  2. Identification of the allegedly infringing material on the Website that is requested to be removed; 
  3. Your name, address and daytime telephone number, and an e-mail address if available, so that Canon may contact you if necessary; 
  4. 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; 
  5. 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 
  6. 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.

Notice of claims of infringement on the Website can be sent via mail or fax:

By Mail:
Legal Division
Attention: General Counsel
Canon Canada Inc.
8000 Mississauga Road
Brampton, Ontario, L6Y 5Z7

By Fax:
905-863-8100

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Website. Upon receipt of such a notice of claimed infringement, where Canon in its sole discretion feels such action is warranted, Canon 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 Canada, and will terminate the Website privileges of those who repeatedly infringe on the copyright of others.

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Website. Upon receipt of such a notice of claimed infringement, where Canon in its sole discretion feels such action is warranted, Canon 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 Canada, and will terminate the Website privileges of those who repeatedly infringe on the copyright of others.

8. USERNAMES AND PASSWORDS

Certain areas of this Website 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 of any unauthorized use of your password or account or any other breach of security that you become aware of. Canon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If Canon 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 changes, you agree to promptly provide Canon with updated information.

9. USE OF SOFTWARE

Any software that is available on this Website ("Software") is the copyrighted work of Canon, its affiliated companies and/or their respective licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, CANON, ITS AFFILIATE COMPANIES, AND THEIR LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. THIRD PARTY COMPANIES AND PRODUCTS

Mention of third party products, companies and web sites on this Website is for informational purposes only and constitutes neither an endorsement nor a recommendation. Canon 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 is not responsible for the content of any site linked to or from this Website. Links from this Website to any other site do not mean that Canon approves, or endorses or recommends that site. Canon 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.

11. CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

This Website may contain contests, sweepstakes or other promotions (“Promotions”) that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. Please also see Canon’s online Privacy Policy for further information concerning contests, sweepstakes and other promotions administered by Canon.

12. RULES FOR KIDS (UNDER THE AGE OF 13)

This Website is not directed to children under 13, and we do not knowingly collect information from children under 13 without complying with applicable laws.

13. PRODUCTS AND SERVICES

The products and services displayed on this Website are intended for sale in Canada only and may not be available for purchase in your particular country or locality. The reference to such products and services in the Website does not imply or warrant that these products or services will be available at any time in your particular location.

WEBSITE INFORMATION REGARDING CANON PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS (A) MAY NOT BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND (B) IS SUBJECT TO CHANGE OR CORRECTION WITHOUT NOTICE AT ANY TIME. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY CANON WITH RESPECT TO ANY PRODUCT OR SERVICE AND CANON HEREBY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.

14. DISCLAIMER

YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. CANON 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 WEBSITE; (2) THAT THE SERVER THAT MAKES THIS WEBSITE 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 WEBSITE; (3) THAT CANON WILL CONTINUE TO PROVIDE THE WEBSITE OR, IF IT DOES CONTINUE TO PROVIDE THE WEBSITE, THAT THE WEBSITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE WEBSITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE WEBSITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE WEBSITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND CANON CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. CANON THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE WEBSITE. BECAUSE ACCESSING THE WEBSITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CANON’S NEGLIGENCE OR GROSS NEGLIGENCE, WILL CANON OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, EVEN IF CANON 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 OR CONDITIONS.

CANON DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. CANON 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 WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CANON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO CANON OR RECEIVED FROM CANON BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR FOR PURCHASING OR SELLING PRODUCTS OR SERVICES ON THE WEBSITE.

15. INDEMNIFICATION

You agree to indemnify, defend and hold Canon and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliates, (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation lawyer’s fees and costs), incurred by the Indemnified Parties in connection with your use of the Website, purchasing any Photos, images or other contents or products through the Website, Posting any Photos, content or other Communications through the Website, 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’s defense of any such claim. You agree that Canon 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, 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, whether or not the settlement binds or is on behalf of Canon, without the written consent of Canon.

16. TERMINATION

Canon may terminate these Terms of Use and/or suspend or terminate your access to the Website for any reason at any time without notice to you. If you wish to discontinue your access to the Website 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 these Terms of Use. In particular, because the licenses you grant to Canon in your Communications are perpetual, these licenses survive any termination of these Terms of Use.

17. NO PARTNERSHIP

You and Canon are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use or your use of the Website.

18. APPLICABLE LAWS

This Website is administered by Canon from its offices in Brampton, Ontario, Canada and is intended only for use by residents of Canada. These Terms of Use are governed and interpreted under the laws of the Province of Ontario and the federal laws applicable therein. You agree that any claim or dispute against Canon arising out of or relating to the use of this Website must be resolved by a court located in Ontario unless otherwise agreed upon by all parties.

19. ENTIRE AGREEMENT, SEVERANCE, AND ASSIGNMENT

These Terms of Use and Canon’s Website Privacy Policy which are incorporated herein by reference, set forth the entire understanding and agreement between you and Canon with respect to the Website. You acknowledge that any other agreements between you and Canon with respect to the Website 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. No amendment of these Terms of Use, unless made by Canon, shall be binding on Canon unless the express prior written consent of Canon is obtained, such consent to be signed by a senior executive of Canon and specifically referencing these Terms of Use. The provisions of these Terms of Use will enure to the benefit of each of Canon and its affiliates and each of their respective successors and assigns and related persons, and will be binding upon and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

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