Last Updated: 12 October 2015
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to be responsible to us if you or such entity violates these Terms.
We may, at our sole and exclusive discretion, change, alter, modify, add, and/or remove portions of the Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email, posting a notice on the homepage of our Site or updating the "Last Updated" date above. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.
1. CHANGES TO THE SITE
Wacom may, at its sole and exclusive discretion, change, alter, modify, add, and/or remove any or whole part of all content and other materials on the Site, including, without limitation, our logos, text, illustration, figure, graphic, photo, sound/voice, software, webpage design or layout, and any intellectual property contained in this Site (“Contents”) or URL herein, or may suspend or discontinue the services or any features or functionality provided through this Site at any time without any prior notice, obligation or liability to you.
By using the Site, you represent and warrant that you (a) have not been previously suspended or removed from the Site and (b) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party. The Site is not targeted towards, nor intended for use by, anyone under the age of 13. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority under applicable law), you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. TERMS OF SALE
If you purchase products through our Site, additional terms will apply, such as our Terms of Sale, Payment Methods, Shipping Details, Return Policy, Repairs, and Warranty (collectively, “Terms of Sale”). These Terms of Sale are subject to change, so we encourage you to review the Terms of Sale each time you make a purchase.
4. PROHIBITED CONDUCT
By accessing or using our Site, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct. You agree that you will not use the Site for or in connection with any of the following acts:
- Infringing the legal rights (including the rights of privacy and publicity) of Wacom or others;
- Sending unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Using any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
- Reverse engineering any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
- Attempting to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Site that you are not authorized to access;
- Attempting to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Using the Site for any illegal or unauthorized purpose or engaging in, encouraging, or promoting any activity that violates these Terms.
- Uploading or distributing any third parties' private information without obtaining approval from such third parties.
- Using this Site for any commercial purpose.
- Uploading files that contain viruses, corrupted files, or other content that may damage, interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner, or the operation of our computers or others' computers.
- Engaging in any harassing, intimidating, predatory or stalking conduct;
- Developing any third-party applications that interact with User Content and our Site; or
- Any other activities that are unlawful, prohibited by any applicable laws, or otherwise objectionable.
Copyright of this Site and the Contents are the proprietary property of Wacom or our licensors or suppliers or users. All of the Contents and this Site are protected by copyright laws, and other applicable laws of each country throughout the world, and treaty provisions.
Unless or otherwise agreed to in a writing by Wacom, you are granted a limited, non-sublicensable license to access and use the Site for your personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Contents therein without our express written consent; (b) the distribution, public performance or public display of any Contents; (c) modifying or otherwise making any derivative uses of the Site or the Contents, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Contents or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Contents other than for their intended purposes. Any use of the Site or the Contents other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Wacom has adopted a policy of terminating, in appropriate circumstances and in Wacom's sole discretion, account holders who are deemed to be repeat infringers. Wacom may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: [insert name]
Address of Designated Agent: [insert name]
Telephone Number of Designated Agent: [insert name]
Facsimile Number of Designated Agent: [insert name]
E-Mail Address of Designated Agent: [insert name]
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
All trademarks, logo marks, product/service names and trade names appearing on this Site (collectively, the “Trademarks”) are owned by Wacom or third parties, and are protected under, inter alia, Trademark Law, Unfair Competition Prevention Law, Commercial Law and their relevant laws in Japan and corresponding laws in other countries/territories.
You may not use the Trademarks without obtaining written permission from respective owners.
You may not use any metatags or any other hidden text utilizing "Wacom,” Trademarks or product or service names without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Wacom and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
8. LINKS TO NON-WACOM SITES
The third parties' web sites (other than those of Wacom’s affiliates) that are accessible by hyperlink from this Site ("Linked Sites") are independently operated and maintained by such third parties and are not under the control and/or supervision of Wacom. Wacom is not responsible for the contents of Linked Sites or any link contained in the Linked Site, or any review, changes or updates to such sites. Your use of Linked Sites shall be subject to the terms and conditions stipulated by the operator of each Linked Site. Wacom is not responsible for any loss or damage, however caused, in connection with your use of any Linked Site, or any decisions you make or any actions you take based on the information contained in or any information you receive from the Linked Sites. Your access to any of the Linked Sites shall be at your own risk.
We make no representation or warranties of any kind regarding Linked Sites or content contained therein (“Third-Party Content”), including without limitation, regarding the accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and we do not undertake any responsibility to update or review any Third-Party Content. Nothing contained in this Site shall be interpreted as a recommendation and/or endorsement by Wacom of the contents of the Linked Sites and any products and/or services appeared on and/or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and Wacom.
9. LINKS TO WACOM SITES
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Wacom or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Wacom logo or other proprietary graphic of Wacom to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Wacom trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent.
10. USER CONTENT AND INTERACTIVE FEATURES OR AREAS
The Site includes an interactive features or areas, including product ratings and review areas and a gallery for members of the Wacom community to share and discover creative work, (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content, such as text, graphic, music, sound, photos, video or code on the Sites (“User Content”). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your Adobe ID account information (also known as "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Wacom or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- User Content that, in the sole judgment of Wacom, restricts or inhibits any other person from using or enjoying the Site or which may expose Wacom or its users to any harm or liability of any type.
Wacom takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Wacom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms is solely in our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such rules. Although Wacom has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Wacom reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.
If you post User Content to the Site, Wacom claims no ownership or control over User Content; however, you grant Wacom and its affiliates a nonexclusive, worldwide royalty-free, and fully sublicensable right to use, publish, distribute and display such User Content in connection with the Site and the promotion thereof. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to us when you upload your content. You understand and agree that the use of your or other users name, likeness, or identity in connection with various features on the Site does not imply any endorsement of such feature or of the Site of the Wacom unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about Wacom or our Site or other products or services (collectively, "Feedback"). Feedback, whether submitted through the Site or otherwise, is non-confidential and shall become the sole property of Wacom. Wacom shall own, and you hereby assign to Wacom, all right, title and interest, including all intellectual property rights, in and to such Feedback and Wacom shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Wacom (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Wacom of such Feedback.
12. CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS
We may from time to time administer, operate or run contests, sweepstakes, and other promotions (collectively “Promotions”) on the Site and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules will control.
You agree to defend, indemnify and hold harmless Wacom and our subsidiaries, affiliates, independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, "the Wacom Parties") from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site, (b) any Feedback you provide, (c) your violation of these Terms, or (d) your violation of the rights of any third party.
14. DISCLAIMERS OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, INCLUDING THE INFORMATION, CONTENT, MATERIALS, OR FUNCTIONS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT CONTENT, MATERIALS, OR FUNCTIONS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 14 MAY NOT APPLY TO YOU.
15. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WACOM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR CONNECTED TO YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS OUR SITE, THE CONTENT OR THE MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WACOM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WACOM'S RECORDS, PROGRAMS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WACOM AND THE WACOM PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE INCLUDING THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS CONTAINED THEREIN EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
16. DATA PROTECTION
17. NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
18. DISPUTE RESOLUTION; ARBITRATION PLEASE READ THE FOLLOWING SECTION 18 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH WACOM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WACOM.
18.1. Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Wacom agree: (a) to waive your and Wacom's right to have any and all disputes arising from or connected to these Terms and/or the Site (including but not limited to purchases made through our Site (collectively, "Disputes") resolved in a court; and (b) to waive your and Wacom's right to a jury trial. Instead, you and Wacom agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
18.2. No Class Arbitrations, Class Actions or Representative Actions. You and Wacom agree that Disputes are personal to you and Wacom, and that Disputes will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. YOU AND WACOM AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
18.3. Federal Arbitration Act. You and Wacom agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by applicable law.
18.4. Process. You and Wacom agree that we will notify each other in writing of any Dispute within thirty (30) days of when it arises so that we can attempt in good faith to resolve the Dispute informally. Notice to Wacom shall be sent by certified mail or courier to [Insert Name and Address]. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and Wacom cannot agree to resolve the Dispute within thirty (30) days of Wacom receiving your notice, then either you or we may, as appropriate pursuant to this Section 18, commence an arbitration proceeding or file a claim in court. You and Wacom agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arise; otherwise, you and Wacom agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You and Wacom agree that (1) any arbitration will occur in Clark County, Washington, which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in Clark County, Washington will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.
18.5. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
18.6. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
18.7. Severability. If any provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in Section 18.2 are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.
18.8. Changes. Notwithstanding the modification-related provisions in these Terms, if we revise the dispute resolution provisions of the Terms, you may reject any such change within thirty (30) days of the date such change becomes effective by providing Wacom with written notice of such rejection by writing to: [insert contact/address]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 18. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted.
19. APPLICABLE LAWS AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles. You agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts located in Clark County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, Wacom reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
21. SEVERABILITY CLAUSE