Canon Singapore Pte. Ltd. (“Canon”) provides you with a personal, non-exclusive and non-assignable right to use EOS World (“EOS World”) as a Member or Visitor (both as defined below and as may be applicable) subject to these Terms and Conditions of EOS World (“T&C”). EOS World:
(a) enables a registered Member (“Member”) to:
i. upload, post and transmit digital content such as images and write-ups and comments thereon (“Contents”) to EOS World using the Member’s “Lightbox(es)” functions of EOS World (“Lightbox(es)”). The posting of any write-ups under the Contents (known as “Articles”) shall be at Canon’s sole discretion. The Contents stored in EOS World using the Member’s Lightbox(es) can be publicly viewed by anyone visiting the EOS World website (each, a “Visitor”);
ii. leave comments on images uploaded by other Members;
iii. join or create groups in EOS World;
iv. join contests and events in EOS World (subject to their separate terms and conditions);
v. share Contents on EOS World with others by using third party’s service (e.g., Facebook, Google+ and Tumblr); and
vi. Flag or report inappropriate Contents uploaded by other Members to Canon.
(b) enables a Visitor to view the Contents or other materials in Member’s Lightbox(es) or elsewhere in EOS World.
I. Acceptance of T&C
1. Acceptance of T&C
By accessing or using EOS World, you accept and agree to be bound by this T&C. This T&C may be updated by Canon from time to time without prior notice to you. By continuing to use EOS World after Canon publishes an update, you accept and agree to be bound by such update. Canon recommends that you periodically visit this page to review the latest T&C. The most recent date on which this T&C was updated will be indicated above. If you do not agree to this T&C or to any update thereof, you should stop using EOS World.
II. Member User Account
EOS World is only available to citizens, permanent residents of Singapore and residents of Singapore with a valid work or social visa and not barred from using EOS World in accordance with Singapore laws. You agree to ensure that your registration information is accurate and up to date from time to time.
3. User Account and Password
You need to register and be accepted to become a Member of EOS World. An account will be created for you to use EOS World as a Member and create your Lightbox(es) (“User Account”). Further, your password to log on the User Account shall be set by you in the course of the registration and thereafter may be changed by you at any time. You are fully responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User Account. Canon will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Deregistration of User Account
You may at any time unsubscribe from EOS World in accordance with Canon’s unsubscribe procedure. Once you unsubscribe, you will not be able to access EOS World and your Contents will be deleted in accordance with Canon’s standard protocols.
5. Termination of Use
If you breach any of your obligations in this T&C or Canon deems you inappropriate as a Member or Visitor or if your User Account is inactive (as deemed by Canon), Canon may, at its sole discretion and without notice to you, terminate your use of EOS World. On such cancellation, you will not be able to access EOS World and your Contents will be deleted in accordance with Canon’s standard protocols.
6. Survival of Your Obligation
Neither termination of your use of EOS World nor deregistration of your User Account shall affect any of your accrued obligations under this T&C.
III. Provision of EOS World
7. Provision of EOS World
EOS World is provided on an “as is” and “as available” basis for your personal and non-commercial use only. You understand Canon may stop or suspend EOS World at any time without notice. Canon accepts no responsibility for the availability or unavailability of EOS World or the accuracy of any of the information available on, transmitted via, or in connection with EOS World. EOS World is provided at no charge but you shall bear any costs necessary for you to access EOS World. Canon may subcontract all or any part of its activities in connection with EOS World, without notice.
8. Storage of Contents
As a Member, you may upload, post and transmit your Contents (automatically re-sized to 1 megabyte per image) to EOS World using your Lightbox(es) and store such Contents in EOS World up to 100 megabytes in the aggregate. Canon reserves the right to change from time to time the amount of storage space or the period of time for which Contents will be stored without notice.
9. Sharing of Contents
A Member or a Visitor may share the Contents with others by sending an e-mail or using certain third party’s web service or other methods. If a Member sends an e-mail via EOS World to others to share the Contents with the others, the email address of the others may be stored in EOS World for convenient future sending. It should also be noted that if a Member uses a third party’s web service which is linked to EOS World to share the Contents with others while logged on to EOS World, the Member’s registered Email address and password for logging on to such third party’s web service may be stored in EOS World for convenient future log on. You acknowledge and agree that The Contents stored in EOS World can be publicly viewed by any visitor and that access to eos world and the content therein (including your Contents) is not limited or restricted by password and can be accessed by any party and that you are assuming the risk that others may reproduce or otherwise make use of YOUR ContentS. You agree not to hold Canon liable for any third-party reproduction or use made of YOUR ContentS, whether or not you have consented to such reproduction or use.
10. Intellectual Property Rights
Your using EOS World does not give you ownership of any intellectual property rights (including, without limitation, copyright and trademark) in any other Member’s Content or any materials available on EOS World you access.
11. Responsibility for Contents
(a) YOU ACKNOWLEDGE AND AGREE THAT THE SUBMISSION OF ANY Contents TO EOS WORLD, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH EOS WORLD IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE ALSO FULLY RESPONSIBLE FOR CREATING BACK-UPS OF the Contents.
(b) You agree to hold harmless and indemnify Canon and all of its directors, OFFICERS, AGENTS, employees, information providers, subcontractors, licensors and licensees and affiliates from and against any claim or dispute arising from or in any way related to THE Contents and handling THE Contents. In any event, you shall be liable for any damages arising from any claim and dispute about the Contents and handling the Contents. In no event, shall Canon be liable for such damages.
12. Annotation Data
You should be aware that when you upload, post and transmit Contents to EOS World, annotation data (information pertaining to attributes of someone such as face recognition information, geographical information, name of creator of the image, image identification information, comments, EXIF markernote, XMP and IPTC block) which is contained in the Contents may also be uploaded. Canon’s servers may automatically record certain information about your use such as account activity and other log information (including browser type, IP-address, date and time of access, cookie ID, and referrer URL). You acknowledge that Contents may be featured based on its annotation data and you represent and warrant that any annotation dates is accurate and has not been modified.
13. Third Party Involvement
Canon may provide, or may cause third parties to provide a URL link to other websites or resources through EOS World. You acknowledge and agree that Canon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Canon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
14. Contents License to Canon
Canon does not claim ownership rights in or to your Contents. You grant to Canon, Canon’s subsidiaries, affiliates or subcontractors, Canon’s parent company, or any of subsidiaries or affiliates of Canon’s parent company or their subcontractors, an unrestricted, royalty-free irrevocable and perpetual and fully sub-licensable license to copy, reproduce, use, display, modify, transmit and distribute the Contents for free for and in connection with the providing, promoting and marketing of EOS World and Canon’s products, services, contests and events (“Purpose”), and you agree that they are free to use any ideas, concepts, know-how or techniques that you upload, post and transmit to EOS World for the Purpose. You represent and warrant that you are the lawful owner of your Contents or that you are licensed to use such Content by the appropriate owners thereof. It is your obligation to determine the extent to which Contents you upload, submit or store is protected by any applicable intellectual property laws. For the avoidance of doubt, you acknowledge and agree that you are not entitled to and will not make any claims for any compensation or reimbursement of any kind from Canon with respect to and in connection with your Contents.
15. Modification to and Discontinuance of EOS World
Canon reserves the right at any time to change, modify or discontinue, temporarily or permanently, EOS World without notice and you agree not to hold Canon liable for any such change, modification or discontinuance. Canon reserves the right not to reply to any queries and/or not to provide any support in connection with EOS World.
IV. Prohibited Conduct
16. Prohibited Conduct
You agree to use EOS World only as allowed under this T&C based on your rights as Member or Visitor (as may be applicable) and in accordance with applicable laws and regulations. You agree not to use EOS World to:
Canon reserves the right at any time to delete or remove any contents from EOS World, when it reasonably suspects that such contents are prohibited by this Section or are otherwise deemed inappropriate by Canon. Canon, or a third party on behalf of Canon, may disclose information, including without limitation, information concerning you, or a transmission made using EOS World, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Canon assumes no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Canon may disclose your information or information transmitted over EOS World where necessary to protect others from harm. Notwithstanding the foregoing, you acknowledge and agree that Canon has no control over the Contents in EOS World (except as provided herein), nor does Canon purport to monitor the Contents in EOS World, to ensure its accuracy, appropriateness or conformity with the principles outlined in this T&C.
17. No Commercial Reuse of EOS World
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, EOS World.
VI. Indemnity and Disclaimer
You agree to hold harmless and indemnify Canon, Canon’s subsidiaries, affiliates, and subcontractors, Canon’s parent company, any of subsidiaries or affiliates of Canon’s parent company and their subcontractors, and their officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of EOS World, violation of this T&C or any other actions connected with the use of EOS World, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Canon will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY acknowledge AND AGREE THAT: YOUR USE OF EOS WORLD IS AT YOUR SOLE RISK. EOS WORLD IS PROVIDED ON AN ”AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CANON DOES NOT WARRANT THAT (a) EOS WORLD WILL MEET YOUR REQUIREMENTS, (b) EOS WORLD WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EOS WORLD WILL BE ACCURATE OR RELIABLE (INCLUDING THE ACCURACY OF THE FEATURE OF ANY CONTENT BASED ON ITS ANNOTATION DATA). ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EOS WORLD IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE FULLY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANON OR THROUGH OR FROM EOS WORLD SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN tHIS T&C. Canon does not endorse any Contents that may appear on EOS World.
21. Limitation of Liability
WITHOUT PREJUDICE TO ANY GENERAL EXCLUSION OF LIABILITY, YOU EXPRESSLY acknowledge AND AGREE THAT IN NO EVENT CANON SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CANON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE EOS WORLD; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OF EOS WORLD; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON EOS WORLD; OR (e) ANY OTHER MATTER RELATING TO EOS WORLD.
22. No Third Party Beneficiaries
There shall be no third party beneficiaries to this T&C and as otherwise expressly provided in this T&C.
Canon may contact you or send you notice via e-mail, through website bulletin boards, or in any manner which Canon deems suitable and which is reasonably likely to reach you. The notice provided in this Section will be deemed to have been given on dispatch.
24. Canon’s Trade Mark
You must not display or use in any manner Canon’s or any Canon group trademarks or logos without Canon’s prior written permission.
25. Procedure for Making Claims of Copyright or Intellectual Property Infringement
If you believe in good faith that your copyrighted work has been reproduced on or posted to EOS World without authorization in a way that constitutes copyright infringement, please contact us at the following address by registered mail:
Canon Singapore Pte. Ltd.
1 Harbourfront Avenue
#04-01 Keppel Bay Tower
Attention: General Counsel, Legal & Secretarial
26. No Waiver
A failure of Canon to exercise or enforce any right or provision of this T&C shall not constitute a waiver of such right or provision and shall in no way effect its right to later enforce or exercise it.
If any provision of this T&C is found by a court of competent jurisdiction to be invalid, you and Visitor agree that it shall not affect the validity or enforceability of any other terms or rights which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.
Canon administers EOS World from its offices in Singapore. Information on EOS World has been prepared in accordance with the laws of Singapore and may not satisfy the laws of any other country. Canon makes no representation that EOS World is appropriate or available for use outside Singapore and access to EOS World from territories where its contents are illegal or restricted is prohibited. If you choose to access EOS World from outside Singapore, you do soon your own initiative and are responsible for compliance with applicable laws. This T&C is governed and interpreted under the laws of Singapore. You agree that any claim or dispute against Canon arising out of or relating to the use of this EOS World must be resolved by a court located in Singapore unless otherwise agreed upon by all parties.
29. Entire Agreement
30. Contact Us
If you become aware of any unauthorised use of EOS World or wish to contact us for matters relating to EOS World, please email us at email@example.com or contact us by registered mail at;
Canon Singapore Pte. Ltd.
1 Harbourfront Avenue
#04-01 Keppel Bay Tower
Attention: EOS World