Data Conversion Service Terms of Use

These Data Conversion Service Terms of Use (the "Terms") are a binding agreement between you and Canon Inc. ("Canon") which govern your use of the "Service" defined in Article 1 hereof.
You may agree to the Terms by choosing "Agree".  If you do not agree to the Terms, you may not use the Service.
Canon reserves the right to modify the Terms at any time at its sole discretion.  If you do not agree to the modified Terms, you may not use the Service.  Your continued use of the Service shall be deemed as agreement to such modifications.

1. Definition of the Service

The "Service" shall mean a service which converts the document or image files (the "Content") on Canon's server when you print the Content by using certain application software for mobile devices (the "Application").

2. Requirements to use the Service

2.1 Intended Age

The Service is intended for adult individuals.  If you have not reached adult status in the country or region you are resident in, you should not use the Service.

2.2 Required Environments

Use of the Service requires (1) a mobile device on which the Application is installed, and (2) Internet access from such mobile device.  The Service may be affected by the performance of these environments.  You are responsible for preparing and maintaining such environments and bearing any and all costs associated with them.
Your communication fee may be expensive depending on the way you use the Service.  We recommend you that you use the flat-rate Internet connection service.

3. Right to use the Service

Subject to your compliance with the Terms, Canon hereby grants you a limited, non-exclusive, non-transferable, royalty-free and revocable right to personally use the Service.

4. Information collected

You agree that Canon may collect and use certain information from you when you use the Service.
Canon shall use the information collected from you in accordance with Data Conversion Service Privacy Statement (the "Privacy Statement") which is set by Canon separately, constitutes a part of the Terms and governs your use of the Service.  You must read and accept the Privacy Statement before using the Service.  If you do not agree to the Privacy Statement, you may not use the Service.

5. Prohibited Activities

You agree that you shall not use the Service to:

(1) process any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethically offensive or otherwise objectionable;
(2) engage in any act that violates any law, regulation, guidance, rule, order, treaty or public order;
(3) engage in infringement of copyright, trademark, patent, trade secret or other intellectual property rights;
(4) engage in infringement of privacy rights or any other legal or moral rights of another person;
(5) process lewd images, child pornography, images of child abuse or any other similar images;
(6) process information encouraging war, racial discrimination, religious persecution, human trafficking, prostitution, violence, brutality or drug use;
(7) design, develop or manufacture weapons of mass destruction or engage in terrorism or other military acts;
(8) engage in any acts linked to crimes such as gambling, obstruction of business or fraud;
(9) stalk, harass, threaten or harm another;
(10) impersonate or misrepresent yourself with another person or entity or otherwise misrepresent your affiliation with the affiliation of another person or entity;
(11) process viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service;
(12) violate the security of the Service through hacking, password mining or other means;
(13) interfere with or disrupt the Service, or any servers or networks utilized for the provision of the Service, or any policies, requirements or regulations of networks utilized for the provision of the Service; or
(14) engage in other action which Canon in its sole determination deems inappropriate.

6. Disclaimer of Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  CANON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROVISION AND OPERATION OF THE SERVICE.  THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES OR LOSSES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE BY YOU, AND CANON SHALL NOT BE RESPONSIBLE FOR THEM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, COMPATIBILITY OF THE SERVICE WITH SPECIFIC USES OR PURPOSES AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTIES.  CANON MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR SECURE, OR (3) DEFECTS IN THE SERVICE WILL BE CORRECTED.  FURTHER, CANON MAKES NO WARRANTY TO THE RESULT OF YOUR USE OF THE SERVICE AS TO THE ACCURACY AND RELIABILITY THEREOF.

CANON RECOMMENDS THAT YOU DO NOT USE THE SERVICE FOR PROCESSING ANY CONTENT THAT IS CRITICAL AS TO ITS ARRIVAL OR ITS ACCURACY OR SECURITY, THAT YOU WANT TO KEEP PRIVATE OR THAT NEEDS TO BE KEPT PRIVATE OR CONFIDENTIAL (FOR EXAMPLE, MEDICAL, FINANCIAL AND OTHER SENSITIVE INFORMATION).

7. Limitation of Liability

You shall only use the Service after understanding and accepting that the events specified below may occur in your use of the Service.  Canon shall not be liable to you for any of the events referred below or associated consequences.

(1) The Content is not processed due to any reason, including, but not limited to, the network environment, technical restriction or specification or failure of the Service;
(2) The process of the Content requires a certain amount of time;
(3) The printout of the Content differs from a corresponding image which is displayed on a mobile device;
(4) Due to limitations to the security used by the Service, no security for the Content or the Service can be guaranteed; or
(5) Due to maintenance, failure recovery or any other reason, the Service is temporarily suspended.

IN NO EVENT SHALL CANON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA OR TIME, BUSINESS INTERRUPTION OR OTHER LOSSES, EVEN IF CANON HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SERVICE OR THE RESULT OF YOUR USE OF THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY.

8. Exclusion to Disclaimer and Limitation of Liability

Some jurisdictions may not permit the exclusion of certain warranties or the limitation of liability for certain damages.  As such, to the maximum extent permitted by applicable law, such exclusions or limitations shall apply.

9. Indemnification

You agree to indemnify, defend and hold harmless Canon, its subsidiaries, affiliates, and subcontractors from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney's fees) arising from or in connection with (1) the Content you process through the Service, (2) use of the Service by you, or (3) violation of the Terms by you.

10. Modification, Suspension, Assignment and Termination of the Service

Canon reserves the right to modify, suspend, assign to a third party or terminate the Service at any time, at its sole discretion, without prior notice to you.  Canon shall not be liable for any damage or loss incurred by you or any third party due to the modification, suspension, assignment or termination of the Service.

11. Disclosure in accordance with Law or Regulation

Canon may disclose the Content or any other information Canon receives through the Service if required to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or other country or region or in accordance with applicable law or regulation.  Canon shall not be liable for any damage or loss incurred by you due to such disclosure.

12. Electronic Communications

Communication between you and Canon in relation to your use of the Service includes communication by electronic means.  You agree that you may receive notices from Canon by electronic means such as e-mail and that all such notices and other communications that Canon provides to you electronically satisfy any legal requirement that such notices and communications shall be in writing.

13. Assignment

You shall not assign, transfer or otherwise dispose of the Terms and any of the rights granted hereunder to any other third party, without the prior written consent of Canon.

14. No Waiver

The failure of Canon to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

15. Severability

If any part of the Terms is held invalid or unenforceable, you agree that such part shall be construed in a manner consistent with applicable laws to reflect the original intention of Canon and you and that it shall not affect the validity or enforceability of any other terms or rights which shall remain in full force and effect.

16. Survival

Notwithstanding any termination of your use of the Service, the Terms shall remain in full force and effect.

17. Governing Law and Jurisdiction

The Terms shall be governed by the laws of Japan and any lawsuits arising or related to the Terms or your use of the Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court.  Notwithstanding the foregoing, if the courts do not permit such consent to this jurisdiction, your local jurisdiction will apply, and if such courts exclude the laws of Japan from applying, the laws of the country or region you are resident in will apply.

18. Entire Agreement

The Terms together with the Privacy Statement constitute the entire agreement and understanding between you and Canon regarding the Service.

Last modified: September 3, 2013
