Terms of Use

Last Updated: April 1, 2019

 

These Terms of Use (the “Terms of Use”) for Canon Latin America Group ("CLAG," “we,” “our” or “us”), a division of Canon U.S.A., Inc. (“Canon USA”), consists of these terms, the Canon Latin America Group Privacy Statement, and any supplemental terms or agreements provided to you (“Other Agreements”) for any of the websites, web pages, interactive features, products, services, solutions, software and forms located at https://www.cla.canon.com (the “Services”). This is a legally binding contract in electronic form between you (“you,” “your,” and “yourself”) and Canon USA and its parents, successors, affiliates and related entities (collectively, “Canon Group”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OTHER AGREEMENTS, AS AMENDED FROM TIME TO TIME AND MAY USE THE SERVICES AS LONG AS YOU COMPLY WITH THESE TERMS OF USE AND OTHER AGREEMENTS. EACH TIME YOU ACCESS THE SERVICES WHETHER VIA COMPUTER, TABLET, MOBILE DEVICE OR OTHER TECHNOLOGY OR DEVICE NOW KNOWN OR HEREAFTER DEVELOPED (EACH A "DEVICE"), YOU RECONFIRM YOUR AGREEMENT TO THESE TERMS OF USE AND OTHER AGREEMENTS.


1. ELIGIBILITY.
In order to use the Services, you need to (a) be 18 or older and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence.

You also warrant that any account information that you submit to CLAG is true, accurate and complete, and you agree to keep it that way at all times.

This Services are not directed to children under 13, and we do not knowingly collect information from children under 13 without complying with applicable law.

2. CHANGES TO THE AGREEMENT.
Occasionally we may, in our discretion, make changes to the Services and these Terms of Use. Changes will be effective immediately (except for material changes) upon the posting of the revised Terms of Use to the Services. In the event we make material changes to these Terms of Use, we will notify you prior to the changes taking effect. If you do not agree to the modified Terms of Use, you may not use the Services. Your continued use of the Services following posting of the changes or any applicable notice period will constitute your acceptance of such changes to the Terms of Use.

3. ELECTRONIC COMMUNICATIONS.
Support By E-mail, Chat. When you use the Services, participate in a chat session, submit forms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Support by Phone. You may connect with CLAG by phone. You agree that if you provide CLAG with a mobile number, you will only provide CLAG with the mobile number you own, and you consent to receive support-related calls from CLAG related to your inquiry. You understand and agree that you may receive these calls and any voice messages through the use of automated technology, and understand that you are not required to provide consent as a condition of purchasing any goods or services from CLAG.

4. COPYRIGHT & TRADEMARK NOTICE.
A. All rights, including but not limited to copyrights and trade secret rights, to the Services belong to CLAG. All materials on the Services, including but not limited to images, software, audio, and text (the "Content"), are protected by copyright under U.S. and/or other applicable jurisdictions’ copyright law, international conventions and other copyright laws. All Content is owned or licensed by CLAG. You cannot use the Content, except as specified herein. 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. Except as specifically set forth herein, any use of the Content on any other website or networked computer environment for any purpose is prohibited.

B. CLAG trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to CLAG by Canon Inc. (collectively, the "Trademarks") displayed on the Services are registered and unregistered marks of CLAG and Canon Inc., as the case may be. All other trademarks, trade names, product names, service marks and all other non-CLAG marks are the property of their respective owners.

C. Except as otherwise set forth below, nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of CLAG or such third party that may own other trademarks displayed on the Services.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof (the "Notification") to our Web Support Group, which can be reached as follows:

By mail:

Web Support Group
Canon USA - Latin America Group
One Canon Park
Melville, New York 11747

By e-mail: derechosdeautor@cla.canon.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CLAG to locate the material,

(iv) Information reasonably sufficient to permit CLAG to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address,

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

5. UNSOLICITED IDEAS SUBMITTED TO CLAG.
Canon USA and its parent company, subsidiaries 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 USA, its parent company, affiliates and subsidiaries in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, CLAG does not solicit ideas, inventions, work samples, materials, demos, and the like or agree to receive any confidential information from persons or entities outside the Canon Group. CLAG maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Unsolicited Idea(s)”) and therefore you should not submit any Unsolicited Idea(s) to CLAG in any manner through the Services, by e-mail, chat, phone or otherwise. CLAG does not wish to receive Unsolicited Idea(s) from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, CLAG 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 CLAG an Unsolicited Idea that is not already protected by patent or is not public information, such Unsolicited Idea shall be deemed non-confidential to you and non-proprietary to you and shall immediately become the exclusive property of Canon USA. By submitting an Unsolicited Idea to Canon USA, you agree to convey your ownership interest in the Unsolicited Idea to Canon USA, and that Canon USA will exclusively own all right, title and interest therein. CLAG is free to use and reproduce such Unsolicited Idea(s) freely, and for any purpose. Specifically, CLAG is free to use any ideas or concepts contained in any such Unsolicited Idea for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to you whatsoever. If CLAG accepts your Unsolicited Idea(s), CLAG does not waive any rights it may have to similar or related ideas previously known to CLAG or developed by its employees, or obtained from sources other than you.

You further acknowledge and warrant that the Unsolicited Idea(s) only contain your own material and content or material and content that you have undeniable rights to use, and that CLAG's use will not violate any third party's rights. CLAG is under no obligation to use any Unsolicited Idea(s).

6. USE OF THE SERVICES
A. Your use of the Services will comply with applicable laws, and is also subject to any Other Agreements you may have with CLAG. In the case of any conflict between these Terms of Use and any agreement you have with CLAG, the terms of your agreement will prevail.

B. In accessing and using the Services, you agree that you will not:
  1. Transmit, post, distribute, store, destroy or revise any material, including without limitation, Content or Trademarks, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of CLAG's Privacy Statement.
  2. Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, allowing another person to access the Services using credentials issued to you, or any other means;
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including by collecting information about others such as e-mail addresses;
  4. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  5. Interfere with or damage the Services, including, without limitation, through the use of defeating security mechanisms, viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged, deleted or concealed routing or electronic mail address information or similar methods or technology;
  6. Use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers or transmit, distribute, post or submit any information that contains false or misleading statements of fact or descriptions of the origin of the material or the communication;
  7. Interrupt the operation of the Services in any manner whatsoever, including taking any action that imposes an unreasonable or disproportionately large load on the Services' infrastructure;
  8. Send CLAG any resume or apply for any job on behalf of another party,
  9. Use the Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by CLAG's sole discretion;
  10. Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services; or
  11. Interfere, or take any action that could interfere with, anyone else’s use of the Services or encourage or incite anyone to break the law.

C. Although CLAG has the right to, and may, from time to time, monitor or review content you post to the Services ("Postings"), CLAG is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Services. However, CLAG may remove Postings at any time, and for any reason.

7. LINKS TO OTHER WEBSITES.
A. As a courtesy, the Services may contain links to other CLAG or affiliate websites and microsites to which you may have access ("CLAG Sites"). The CLAG Sites maintain their own unique terms and conditions and these Terms of Use for the Services in no way modify, alter or supersede the terms and conditions of the CLAG Sites and you will be bound by such terms and conditions if you access the CLAG Sites.

B. The Site may contain links to other Internet sites, which may not be maintained or controlled by CLAG. CLAG provides such links for your convenience only, and is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site do not mean that CLAG approves, or endorses or recommends that site. CLAG 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.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

A.YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. YOUR USE OF AND BROWSING ON THE SERVICES ARE AT YOUR OWN RISK. CLAG MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THE SERVICES.

CLAG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLAG OR THROUGH THE SERVICES, CHATS, FORM RESPONSES, E-MAIL RESPONSES, OR PHONE CALLS, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

B. UNDER NO CIRCUMSTANCES WILL CLAG, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE SERVICES; (VI) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY WEBSITE TO WHICH THE SERVICES PROVIDE HYPERLINKS; OR (VII) DAMAGES OTHERWISE ARISING OUT OF YOUR USE OF OR ACCESS TO THE SERVICES, OR THE CONTENT OF ANY SITE OR SITES LINKED TO OR FROM THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLAG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL CLAG'S LIABILITY EXCEED THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO CLAG FOR ACCESSING THE SERVICES.

C. YOU ARE RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO YOUR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS OF THE SERVICES AND ASSUME THE RISK OF SUCH OCCURRENCES. OTHER THAN AS WITH SPECIFIC PRODUCT WARRANTIES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CLAG MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OF THE SERVICES OR ANY SERVICES OFFERED ON THE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLAG SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY OF FACTUAL INFORMATION ON THE SERVICES, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY AND ACCURACY IS WITH YOU. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK THE LAWS OF YOUR COUNTRY.

D. INFORMATION ON THE SERVICES REGARDING CLAG PRODUCTS AND SERVICES, INCLUDING THEIR APPEARANCE AND SPECIFICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY CLAG WITH RESPECT TO ANY PRODUCT OR SERVICE AND CLAG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE, OR COMPLETENESS THEREOF.

E. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES OR DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CLAG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

F. Additionally, software from the Services may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from the Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or are a national or resident of any such country or on any such list.

9. INDEMNITY.
A. You agree to release, defend, indemnify and hold harmless CLAG, its parents and affiliates and all of their respective agents, directors, officers, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”), from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with your use of the Services or any claim in connection with or resulting from your breach of any provision of these Terms of Use. You agree to cooperate fully with CLAG in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms of Use. You agree that CLAG, 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 CLAG whether or not the settlement binds or is on behalf of CLAG without the written consent of CLAG.

10. TERMINATION.
A. CLAG may terminate access to the Services at any time without cause; or upon your request.

B. The provisions of these terms of use which by their nature extend beyond termination will survive termination.

11. MISCELLANEOUS PROVISIONS.
A. These Terms of Use and your access and use of the Site, will be governed by and construed in accordance with the laws of the State of New York, irrespective of its choice of law principles, and the parties agree that it is executed and delivered in that state. In the event any legal action becomes necessary to enforce or interpret the terms of use of this Site, You submit to the personal jurisdiction of the federal and state courts having jurisdiction for the State of New York.

B. The provisions of these Terms of Use which by their nature extend beyond termination will survive termination.

C. You shall not have the right or power to assign any of your rights or obligations set forth herein, without CLAG's prior written consent. Any such assignment without CLAG's prior written consent will be null and void.

D. The Terms of Use of the Services will be binding upon the parties, their affiliates, agents, successors and assigns.

E. Section headings are inserted for convenience only and are not a part of these Terms of Use.

F. If any provision of these Terms of Use or the application of any provision is held invalid, the remainder of these Terms of Use and the application of the provision other than to the extent it is held invalid, will not be invalidated or affected.

G. These Terms of Use are the complete and exclusive statement of agreement between you and CLAG concerning the subject matter hereof and supersedes all prior agreements, verbal or written and any other communications between the parties relating to the subject matter hereof. No amendment to this agreement will be effective unless signed by an authorized representative of CLAG.

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