hdAlbum EZ Terms and Conditions
Last updated: June 10, 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE “SERVICES” (AS DEFINED BELOW). “YOU” OR “YOUR” AS USED HEREIN MEANS THE INDIVIDUAL WHO IS BOUND BY THESE TERMS AND CONDITIONS.
The term “Services” shall mean the proprietary software application licensed by Canon Inc., the personal print publishing services offered by Canon U.S.A., Inc. (“Canon USA”) and Canon Inc. that allow customers to create and design photo albums (“Photo Albums” or “Photo Products” and each a “Photo Album” or “Photo Product”), and any other services, software applications, features or content offered from time to time by Canon Inc. and/or Canon USA (Canon Inc. and Canon USA shall collectively be hereafter referred to as “Company”) in connection with the personal print publishing services offered by Company. Use of the Services is limited to customers located in the fifty (50) United States and the District of Columbia.
These Terms and Conditions, together with the Canon Inc. Privacy Statement included in this application and the Canon U.S.A. Privacy Statement and any supplemental terms or agreements (which include, without limitation, the End User License Agreement for the proprietary software application licensed by Canon Inc.) provided to you in connection with the Services (collectively, the “Terms and Conditions” or “Agreement”), set forth the legally binding terms between Company and you relating to your use of the Services.
BY ACCESSING, DOWNLOADING AND/OR USING THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT AND IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES OR ANY PART THEREOF.
1. Eligibility of Use.
By using the Services, you represent and warrant that: (a) you are authorized to enter into this Agreement on behalf of yourself; (b) all required registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are eighteen (18) years of age or older or the applicable age of majority in your jurisdiction; and (e) your use of the Services does not violate any applicable law or regulation. You may be required to register and create an account with Company, Company’s affiliate(s) or Company’s associated service provider(s) in order to use the Services (the “Account”). Information gathered through the registration process and information related to your Account will be subject to this Agreement. Your Account may be deleted without warning if we believe that you have violated any of the terms of this Agreement.
2. Additional Terms; Order of Precedence.
In order to participate in or receive certain Services, you may be required to download the Application and/or agree to additional terms and conditions that may be required in connection with your use of the Services. To the extent that there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Application or in connection with the Services, the latter shall have precedence with respect to your use of that area of the Application and/or Services.
Company may modify this Agreement from time to time, at Company’s sole discretion. The resulting modifications will be reflected in the terms and conditions page of the Services. It is your responsibility to regularly check the terms and conditions page of the Services for modifications. Any such modification shall be effective: (1) for newly registered users of the Services who first use the Services, upon the posting of such modifications on the Services, or (2) for existing users, thirty (30) days after such modifications are posted on the Services. If you do not agree to the modification(s), you must cease your use of the Services.
4. Term and Termination.
This Agreement shall remain in full force and effect while you use the Services or maintain an Account. You or Company may delete your Account at any time. COMPANY MAINTAINS THE RIGHT TO TERMINATE YOUR ACCOUNT AT ANY TIME AND FOR ANY REASON. Termination of this Agreement and your Account will result in the deletion of your profile information from our databases, as well as any content that you have uploaded to the Services, such as text, files, images, graphics, photos, clip art, designs, layouts, colors, styles and any other information and material you include in a Photo Product (“Content”).
Company shall not be liable to you for the deletion of your Content occurring as a result of the termination of your Account. Company shall have no obligation to provide you with any information, materials or Content following the termination of your Account or this Agreement.
5. AVAILABILITY OF APPLICATION/SERVICES
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, but not limited to: equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
6. Third Party Software.
Company may make software available to you from a third party provider in connection with the Services. By downloading such software, you agree to the terms of the applicable software license agreement. You understand that the agreement to use such software will be solely between you and the third party provider. Such software is provided “as is.” Company does not make any representations or warranties concerning any software you download using our Services regarding the software’s performance, usefulness, effectiveness, or relevance. Furthermore, Company makes no representation or warranty that the software is free from any harmful, contaminating, or destructive code, such as worms, viruses, or Trojan horses. Company and Company affiliates shall not be liable for any harm, destruction, or corruption of files, computers or hard drives, loss of data, business interruption or any other damages, whether direct or indirect, resulting from the download or use of such software.
7. Fees; Payment; Acceptance.
You agree to pay all amounts incurred by you or anyone else using your Account, and you hereby authorize Canon USA and Canon USA’s third-party payment service provider(s) to collect such amounts using the credit card or other payment method accepted by the Canon USA Online Store (“Canon Online Store”). Your receipt of an electronic order confirmation does not signify Canon USA’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Canon USA reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Canon USA upon our delivery of the Photo Products that you have ordered. We may require additional verifications or information before accepting any order. Failure to provide any requested verification or information may result in a cancellation/termination of your order.
8. Photo Album Quality; Returns.
You are responsible for reviewing your final album file and approving the electronic proof through the Application provided for use in connection with the Services, and you bear full responsibility for the content and accuracy of the Photo Album. You should not upload a file unless it has been fully proofed and you are satisfied that the Photo Album is ready to be printed. CONTENT CANNOT BE EDITED ONCE UPLOADED TO THE SERVICES.
Company is not responsible for any errors in design, text, background, border, and/or any other layout effect in the Photo Album. Company does not proof, edit, or change any of the Content in the Photo Album that you submit to the Services. As a result, Company shall have no obligation to correct any Content, including, but not limited to: (a) typographical errors, mistakes in grammar, unfinished text, or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues such as book format, organization, style, color and page layout; or (d) any other creative choices you make in relation to the Photo Album.
Because any Photo Album ordered via the Services are custom made goods, only items which have been damaged or lost in transit are eligible for return and replacement. The only remedy available to you in the event the Photo Album is lost or damaged is replacement of the Photo Album you ordered through the Services. No cash refunds or credits will be given.
You must contact Canon USA within ten (10) days of your receipt of your order to be eligible for replacement Photo Products due to loss of or damage to your order. Only returns that have been pre-authorized may be returned. After contacting Canon USA, you will receive detailed return procedures in accordance with the Canon Online Store Return Policy
After you have received a return authorization, the Photo Album must be returned to Canon USA within ten (10) business days of the date you notify Canon USA of the damage to the Photo Products. Returns after the foregoing ten (10) day period will not be accepted.
Any damaged product that you wish to return must be returned in the same condition it was received. PLEASE SAVE ALL ORIGINAL PACKING ITEMS AND FILLERS INCLUDED WITH YOUR ORDER. Include the reason for the return and your order number along with your documentation. If not re-packed as it was originally shipped, Canon USA will not authorize replacement of your order. Please see the Canon Online Store Return Policy for additional details and restrictions.
8.a. File Size/Color Management.
Company is not responsible for any of the following problems, among others, that may impact the print quality of the Photo Products resulting in a Photo Album that is unappealing to you, such as: (a) submitted files that are too small; (b) photos that have a less than desirable or optimal resolution; and (c) files that are not properly color corrected. The Application may not alert you of most files that are too small to print well, or alert you of any color management issues that may exist with the file(s). You should not upload a file unless it has been fully proofed and you are satisfied that it is ready to be printed.
The trademarks, logos and service marks (“Marks”) displayed on the Application or in connection with the Services (such as those that may appear on certain Photo Products created through the Application and produced by Company and/or Company affiliates are the property of Company, Company affiliates or the person(s) or entities that own the Mark(s), as applicable. You are not permitted to use these Marks without the prior written consent of the Company or the person(s) or entities that own the Mark(s).
9. File and Information Storage.
Company has no obligation to store your Content and it is your responsibility to maintain, store and back up your Content, such as on your personal computer system, as Company is not a data repository system and shall not be liable for, and disclaims any responsibility in connection with, the loss of or damage to your information or Content.
10. License; Copyright and Content.
You hereby grant Company and Company affiliates a non-exclusive, royalty-free, worldwide, perpetual, transferable, sub-licensable (through multiple tiers), irrevocable license to copy, download, save, print, disclose, distribute, transfer, publish, format, perform, display, distort, delete, translate, transmit, modify, alter, obscure, adapt, improve, enhance, create derivative works of, sublicense, lease, rent, assign, repackage, rebrand or otherwise use your Content for the purpose of delivering the Services and for any lawful purpose, including to advertise, promote or market the Services or any part thereof, without any obligation, notification or compensation to you, and you warrant that you have a right to grant such a license. In addition, you warrant that all moral rights in any Content and uploaded materials have been waived and you hereby waive any such moral rights.
You certify that Company has been authorized by you to manufacture the Photo Album. COMPANY HAS NO OWNERSHIP IN ANY OF YOUR CONTENT. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Services are not proprietary to you, and the rights to such template or layout will remain with Company. As a condition of the Services, you represent and warrant to Company that you either own your Content or have written permission from the copyright owner(s) to make such Content available to the Services, including the authorization to allow Company to manufacture a Photo Album containing such Content. You may not use any Content owned by someone else without the prior written consent of the owner. You are solely responsible for any copyright violations that arise as a result of your use of the Services.
11. Prohibited Content.
Any Content posted by you in your Photo Products may not contain nudity, violence, sexually explicit or offensive subject matter, or any other “Prohibited Content” (as defined below). You may not post or submit by means of the Services a photograph or any other intellectual property or proprietary material of another person without that person's prior written permission.
“Prohibited Content” includes content that:
(i) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) bullies, harasses or advocates stalking or harassment of another person;
(iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming;”
(iv) is false or misleading;
(v) promotes, endorses, or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(vi) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;
(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under the age of thirteen (13);
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
(ix) solicits personally identifying information for commercial or unlawful purposes from others;
(x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or similar software;
(xi) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising;
(xii) involves commercial activities that are detrimental to the interests of Company and Company affiliates; or
(xiii) otherwise violates this Agreement or creates liability for Company and/or Company affiliates.
Company reserves the right to refuse to print any Photo Products containing Content that it determines, in its sole discretion, is Prohibited Content. You agree to defend, indemnify and hold harmless Company and Company affiliates for any claims arising out of or relating to any breach of your obligations under this Section.
12. Content Review and Report to the Authorities.
At any time, and without notice, Company has the right (but not the obligation) to review, refuse to print, and delete any Content that in the sole judgment of Company: violates this Agreement, is Prohibited Content, is illegal, violates the rights of others, harms or threatens the safety of any other person, or creates liability for Company, Company affiliates, or any other person or entity. Company reserves the right (but has no obligation) to investigate and take action against you, in its sole discretion, if you violate this provision or any other provision of this Agreement. Without limitation, such action may include some or all of the following: refusing your order, reporting you to law enforcement authorities, and/or taking legal action against you.
BY ACCESSING AND USING THE SERVICES AND AGREEING TO THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND COMPANY AFFILIATES FROM AND AGAINST ALL CLAIMS DUE TO OR RESULTING FROM: (i) YOUR USE OF THE SERVICES AND ANY ACTIVITY RELATED TO THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICES AS YOUR INVITEE; (ii) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION SET FORTH IN THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, YOUR VIOLATION OF THE TERMS OF SECTION 11); (ii) YOUR VIOLATION OF ANY LAW; OR (iii) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, WHETHER WITH RESPECT TO THE CONTENT YOU UPLOAD TO THE SERVICES OR OTHERWISE. THE FOREGOING INDEMNITY OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
You hereby release Company and Company affiliates from claims, demands, any and all losses, damages, rights and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arising from the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
15. Disclaimer of Warranties.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY AND COMPANY AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS. NEITHER COMPANY NOR COMPANY AFFILIATES MAKE WARRANTIES OF ANY KIND WITH RESPECT TO SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICES OR THAT ARE ADVERTISED ON THE SERVICES. ANY SOFTWARE OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF OR DAMAGE TO DATA THAT RESULTS FROM YOUR USE OF THE SERVICES, INCLUDING THE DOWNLOAD OF ANY SOFTWARE OR MATERIALS.
16. Limitation of Liability.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL COMPANY OR COMPANY AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE (WHETHER ARISING IN CONTRACT, WARRANTY OR TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF REVENUE, OR PROFIT) ARISING FROM OR RELATED TO (i) INFORMATION AND MATERIALS (SUCH AS THIRD PARTY CONTENT) MADE AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS); (ii) USE OF OR INABILITY TO USE THE SERVICES; (iii) CORRUPTION, LOSS OF OR DAMAGE TO YOUR CONTENT, DATA OR SUBMITTED PHOTO PRODUCTS; (IV) CORRUPTION, LOSS OR DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF OR DAMAGE TO DATA RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING THE DOWNLOADING OR USE OF SOFTWARE; (v) LOSS OR DAMAGE RESULTING FROM DISRUPTION OF SERVICES OR OUTAGES; (vi) COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (vii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY OR COMPANY AFFILIATES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
17. Governing Law/Export Restrictions/Legal Compliance.
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York, without regard to any conflict of laws provisions therein. You shall comply with all then-current export and import laws and regulations of the United States and such other governments as are applicable when accessing or using the Services. You hereby certify that you will not directly or indirectly export, re-export, transship or transmit the Services or any portion thereof, or related information, media, or services in violation of United States laws, rules or regulations. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
18. Other Usage Rules, Restrictions, Obligations, Rights and Notices Related to the Services.
Except as provided in this Section, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Notwithstanding the foregoing, you acknowledge and agree that Company affiliates are third party beneficiaries of this Agreement and that upon your acceptance of these terms and conditions, Company affiliates will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
19. FOR U.S. GOVERNMENT END USERS.
The Services were developed at private expense and constitute a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Services with only those limited rights set forth therein. The publisher is Canon U.S.A., Inc., One Canon Park, Melville, New York 11747.
20. No Waiver.
The failure of Company to exercise or enforce any term of the Agreement shall not constitute a waiver of such term.
21. Severability; Survival
If any term of this Agreement is found by a court of competent jurisdiction to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect. Any provisions in this Agreement which by their nature are intended to survive expiration or termination, shall so survive.
The headings used in this Agreement are for convenience only and do not form a part hereof.
23. Entire Agreement.
This Agreement constitutes the entire agreement between you and Company governing your use of the Services and supersedes all other communications, written or oral.
© 2016 Canon U.S.A., Inc. All Rights Reserved.