ADDENDUM Regarding Wacom Forum Terms of Use

The Wacom Forum (“Forum”) is a designated venue operated by a designated Wacom entity (“Wacom”) for Wacom customers to interact with the Wacom group and other customers regarding Wacom’s products, hardware and software.  The designated Wacom entity for your region acting as the contracting party for you is the following: If you reside in the US: Wacom Technology Corporation; if you reside in the EU: Wacom Europe GmbH.

These Wacom Forum Terms of Use (“Forum Terms”) are binding between you and Wacom and supplement Wacom’s general local Terms of Use, Privacy Policy and Cookie Notice (“Additional Terms”, which can be found in the footer of each Wacom website). The Forum Terms govern your access to and use of the Forum and services related to the Forum (“Forum Services”).  In the event of any conflict between these Forum Terms and the Additional Terms, these Forum Terms shall prevail with respect to the Forum.  

The Forum is an online space for customers to connect with Wacom and other customers on a regular basis in order to have conversations, to answer questions and to share ideas and information; it is not a hosting service.

Please read these Forum Terms carefully before you start to use the Forum.  By accessing the Forum or by clicking to accept these Forum Terms when this option is made available to you, you accept and agree to be bound and abide by these Forum Terms.  If you do not want to agree to these Forum Terms, you must not access or use the Forum. 

For purposes of these Forum Terms, end users of the Forum are hereafter referred to as "Users.

  1. Users

Wacom makes the Forum Services available to Users for their individual, personal, non-commercial use only. The right to use the Forum Services does not extend to use of the Forum by or on behalf of any association, organization, corporation or other entity unless that association, organization, corporation or other entity has entered into a separate written agreement with Wacom expressly authorizing such use. Usage rights are personal to each User.  Accordingly, Users are not permitted to assign or transfer any subscription or right to use the Services to any third party for any reason.

All Users of the Forum Services are required to register for a Wacom ID account in order to access and use the Forum. Users may only post content or contributions to the Forum after logging-in to the Forum using the User’s username and password. 

Wacom reserves the right to withdraw or amend the Forum, any Forum Services, or any material Wacom provides on or through the Forum, in Wacom’s sole discretion without notice. Wacom will not be liable if for any reason all or any part of the Forum is unavailable at any time or for any period. From time to time, Wacom may restrict access to some parts of the Forum (including closing threads or topics), or the entire Forum, to Users, as determined by Wacom in its sole discretion without notice.

  1. Conduct

The Forum is an inclusive community that encourages Users to share their ideas, suggestions, user experiences, and input openly and freely.  In addition to the user obligations regarding the Wacom Services set forth in the Additional Terms, Wacom requires that all Users using the Forum in compliance with the Wacom Forum Guidelines set out in the Annex and/or here [link], in particular: (i) be kind and respectful in their interactions with other Users; (ii) not advertise or promote the goods or services of the User or any third party; (iii) use welcome and inclusive language only; (iv) be respectful to others Users’ viewpoints, even when different from their own; (v) not post or link to content which is off-topic, irrelevant, inappropriate, or disruptive of the discussion; (vi) not post or link to content that discloses private or personal matters concerning the User or any third party; (vii) not make unwelcome sexual advances or otherwise post or link to content that is sexually explicit; (viii) not “spam” other Users; and (ix) not make statements about candidates for political office or otherwise promote any political activities or messages.

The Forum is a venue only. Because the Forum is a venue, Users are solely responsible for their content on the Forum and the interactions with other Users. While Wacom has the right to monitor and review Users’ contents and interactions to ensure adherence to these Forum Terms, Additional Terms and other legal obligations with regard to the Forum (see section 4 below), Wacom shall not be obligated to do so and shall have no liability whatsoever with respect to Users’ contents and interactions. If there is a dispute between Users or any third party with respect to the Forum, that dispute is solely between the respective Users and/or third party and does not involve or implicate Wacom and/or the Forum, and Wacom shall have no liability with respect to such dispute except as set forth in section 10 below.

  1. Information and Content

Users may share their ideas, suggestions, user experiences, and input regarding Wacom’s products, hardware and software by posting or submitting content or information (such as electronic files) on the Forum or by providing a link on the Forum to third party content (collectively, “Forum Content”). All Forum Content shall be deemed “User Content” under the Additional Terms. User grants to Wacom a non-exclusive, royalty-free, worldwide and sublicensable license and authority to use, copy, modify, transmit, download, store, distribute, incorporate and otherwise exploit the User Content solely (i) to the extent necessary to perform Wacom’s obligations or enforce Wacom’s rights under these Terms; or (ii) to ensure Wacom’s compliance with applicable laws; or (iii) to further develop, produce and market any of Wacom’s products and services. 

Forum Content may be submitted in the English language only and Wacom reserves the right to delete or remove from the Forum any and all Forum Content or any other contributions or discussions not in the English language.  Each User acknowledges and agrees that the Forum Content will be publicly available to all visitors of the Forum (i.e., not only Users but all visitors of the relevant website). Further, each User acknowledges and agrees that by choosing to post Forum Content, other Users can access, use, and disclose any Forum Content that is posted or submitted publicly on the Forum as permitted under local law. 

  1. Wacom’s Rights

As mentioned above in section 2, Wacom shall have the right, but not the obligation, to monitor and review the Forum Content, and Wacom reserves the right, at any time and without prior notice to any User, to remove, delete or refuse to accept any and all Forum Content, as determined by Wacom in its sole and absolute discretion.  This includes the right to close or edit threads or topics posted on the Forum. 

Wacom also reserves the right to access, read, preserve, and disclose any Forum Content as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Forum Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of Wacom, Users of the Forum, and the public. Wacom will not be responsible or liable for the exercise or non-exercise of its rights under these Forum Terms.

As regards Users in the European Union, section 4.5 of the local Terms of Use applies regarding comments, feedback, suggestions, or ideas (“Feedback”) included in any Forum Content.

For all other countries the following applies: Each User acknowledges and agrees that any comments, feedback, suggestions, or ideas (“Feedback”) included in any Forum Content may be used by Wacom without any obligation to make payment to any User or to seek or obtain any User’s prior permission or consent. While the User may continue to own all such Feedback, each User hereby grants to Wacom a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense (through multiple tiers of sublicensees), distribute, modify and otherwise commercialize and exploit such Feedback.

  1. Authority to Use Services

Each User represents and warrants to Wacom that the User has all necessary right, power and authority to enter into these Forum Terms and to exercise the User’s rights and perform the User’s obligations and responsibilities hereunder, including without limitation, the right to post or submit any and all Forum Content posted or submitted by the User on the Forum. User shall not post or submit any Forum Content for which the User does not have such rights, or that otherwise infringes, violates or misappropriates the intellectual property rights or proprietary rights of any third party, including privacy rights and rights of publicity. In addition, each User agrees not to use the Forum Services in any manner that might imply Wacom’s sponsorship, endorsement, certification or approval of any User or third party, any product or service, or any Forum Content.

  1. Data Protection, Security and Privacy

For any personal data making up the Forum Content, Wacom will process such Forum Content in accordance with Wacom’s Privacy Policy.  Please review Wacom’s Privacy Policy for more information on how Wacom uses the personal data it collects from Users in connection with the User’s use of the Forum. 

For Users in the European Union: As regards security and privacy of User communications as well as User’s use of own or other User’s personal data, local laws applies.

For Users in all other countries the following applies: Wacom has implemented commercially reasonable technical safeguards and procedures to protect communications by and through the Forum Services, including without limitation, the transmission of Forum Content.  Notwithstanding the preceding sentence, the security of communications sent over the Internet (including by email) is subject to many factors outside of Wacom’s control and, as a result, Wacom does not guarantee the security or privacy of such communications. Notwithstanding any restrictions or limitations set forth in Wacom’s Privacy Policy, the use of the Forum Services may result in the User publicly posting certain of the User’s personal data.  For example, if a User includes the User’s email address as part of the User’s publicly available user profile, other Users may send or direct emails to the User using that email address. As a result, even though certain Users may have opted-out of receiving communications from Wacom, such Users may nevertheless receive emails and other communications from other Users using such Users’ publicly available personal data. Each User shall be solely responsibility for any and all personal data the User posts or submits in such a manner that it is publicly available on the Forum.  If a User uses another User’s publicly available personal data, such User shall comply with all data protection and privacy laws and rules applicable to such personal data, and shall further defend, indemnify, and hold harmless Wacom from any claim, suit or proceeding brought against Wacom as a result of such use.

  1. Storage and Handling of Content and Information

Each User agrees that while Wacom may store or maintain certain Forum Content as part of the normal operation of the Forum Services, Wacom is not a data hosting company and Wacom will have no obligation to store or maintain any Forum Content or other data related to the Forum Services except to the extent necessary for Wacom to provide the Forum Services as explicitly provided in these Forum Terms.

Wacom shall have no responsibility or liability for the accuracy of any Forum Content or any deletion or loss thereof except as set forth in section 10 below, including without limitation, any failure to store, transmit or receive transmission of any Forum Content (whether or not processed by the Forum Services), or the security, privacy, storage or transmission of other communications originating with or involving use of the Forum Services. Each User also acknowledges that Wacom may set reasonable limits and restrictions regarding the posting or submission of Forum Content, including without limitation, limits on file size, storage space, processing capacity, and similar limitations.  Any such limits and restrictions may be described in the web pages accompanying the Forum Services and as otherwise determined by Wacom in its sole and absolute discretion.

  1. Termination of Forum Services

For Users in the European Union: Section 8 (Termination) of the local Terms of Use apply.

For Users in all other countries the following applies: Wacom may discontinue the Forum Services (or parts thereof) or add additional services to the Forum Services from time to time in its sole discretion and without prior notice. In addition, Wacom reserves the right, for any reason in its sole discretion without prior notice, to terminate a User’s Wacom ID account or right to access the Forum and/or the Forum Services. The rights of Users to access any Forum Content posted or submitted through the Forum Services shall terminate immediately upon termination of User's right to use the Forum Services.

  1. Audit of Usage

Wacom may choose to audit certain aspects of the usage of the Forum by Users, such as the opening and closing of discussions. Each User acknowledges that such auditing might occur and agrees that Wacom may perform such auditing as part of the Forum Services.

  1. Indemnification; Disclaimer; Limitations of Liability

Indemnity

Each User agrees to defend, indemnify and hold harmless Wacom, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to: (i) any violation of these Forum Terms, any unauthorized access to or use of the Forum by the User or any other person accessing the Forum using the User’s Wacom ID account, or the negligence or more willful misconduct of the User; and/or (ii) any claim or allegation that any Forum Content infringes, violates or misappropriates the intellectual property rights or proprietary rights of any third party, including privacy rights and rights of publicity.

Disclaimer for Users in all other countries than the European Union

THE FORUM, THE FORUM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED OR MADE AVAILABLE BY WACOM IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  WACOM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, PERFORMANCE, TITLE, VALIDITY OR NON-INFRINGEMENT.  IN PARTICULAR:

(i)            WACOM EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONTENT, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY FORUM CONTENT OR ANY OTHER  INFORMATION OR MATERIAL DISPLAYED IN OR MADE AVAILABLE BY USERS ON THE FORUM OR AS PART OF THE USE OF THE FORUM SERVICES.

(ii)           WACOM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY PHOTOS, CONTENTS, INFORMATION OR OTHER MATERIAL MAKING UP THE FORUM CONTENT.

(iii)          ANY INFORMATION OR ADVICE PROVIDED BY WACOM ON THE FORUM IS INFORMATIONAL IN NATURE ONLY.  WACOM AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH INFORMATION OR ADVICE, INCLUDING AS TO ITS COMPLETENESS, SUFFICIENCY, ACCURACY, OR RELIABILITY.  EACH USER ACKNOWLEDGES AND AGREES THAT THE USER MUST EXERCISE THE USER’S OWN INDEPENDENT SKILL, EXPERIENCE, KNOWLEDGE AND JUDGMENT IN MAKING DECISIONS BASED ON THE USE OF THE FORUM AND/OR THE FORUM SERVICES AND ANY INFORMATION OR ADVICE THEREIN; ACCORDINGLY, ALL RISK ASSOCIATED WITH THE USE OF THE FORUM AND/OR THE FORUM SERVICES IS SOLELY WITH THE USER. 

Limitations of Liability

For Users in the European Union, section 5 (Disclaimer; Limitation of Liability) of the local Terms of Use apply accordingly as regards the limitations of liability.

For Users in all other countries the following applies:

EACH USER UNDERSTANDS AND AGREES THAT LINKING TO OTHER INTERNET ADDRESSES OR WEBSITES OR DOWNLOADING OR OTHERWISE OBTAINING MATERIALS OR DATA THROUGH THE USE OF THE FORUM OR THE FORUM SERVICES IS AT THE USER’S OWN RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER’S COMPUTER SYSTEMS OR ANY LOSS OF DATA THAT RESULTS FROM THE FOREGOING UNLESS THE DAMAGE IS BASED ON THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF WACOM.

THE ABOVE MENTIONED LIMITATIONS WILL APPLY EVEN IF WACOM OR ITS LICENSORS HAVE BEEN ADVISED OF OR OTHERWISE HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE FROM THE USE OR MISUSE OF AND RELIANCE ON THE FORUM OR THE FORUM SERVICES, THE INABILITY TO USE THE FORUM OR THE FORUM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FORUM OR THE FORUM SERVICES, INCLUDING DAMAGES INCURRED BY THIRD PARTIES.

Without limiting the foregoing, under no circumstances shall Wacom or its suppliers or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  1. Updates

For Users in the European Union, section 9 (Modification of Terms) of the local Terms of Use shall apply accordingly as regards changes and revision to these Forum Terms.

For Users in all other countries the following applies: Wacom may change or revise these Forum Terms from time to time in its sole discretion by delivering notice to Users by email delivered to the email address provided by such User as part of registering the User’s Wacom ID account. Wacom shall be deemed to have delivered, and each User shall be deemed to have received such notice upon sending of the email to the User. Wacom may, in its sole discretion, require each User to provide consent to the updated Forum Terms prior to the User’s subsequent use of the Forum and/or the Forum Services following the update.

  1. Other Terms

These Forum Terms and the Additional Terms constitute the entire agreement between the User and Wacom regarding the use of the Forum and/or the Forum Services, and supersede any prior agreements between the User and Wacom with respect to the Forum and/or the Forum Services. Each User acknowledges and agrees that the User may be subject to additional terms and conditions that may apply when the User uses or purchases certain other Wacom products or services, affiliate services, third party content or third party software.

 

 

Annex – Wacom Forum Guidelines

Forum Rules

1. No Spam / Advertising / Self-promote in the forums.
a. These forums define spam as unsolicited advertisement for goods, services and/or other websites, or posts with little, or completely unrelated content. Do not spam the forums with links to your site or product, or try to self-promote your website, business or forums, etc. Spamming also includes sending private messages to many different users.
2. Do not post copyright-infringing material.
a. Providing content or asking for information on how to illegally obtain copyrighted materials is forbidden.
3. Do not post “offensive” posts, links or images.
a. Any material which constitutes defamation, harassment, or abuse is strictly prohibited. Material that is sexually or otherwise obscene, racist, or otherwise overly discriminatory is not permitted on these forums. This includes user pictures, artwork comments and posts. Use common sense while posting.
4. Do not PM (Private Message) users or moderators to ask for help.
a. Do not send private messages to any users asking for help. If you need help, make a new thread in the appropriate forum then the whole community can help and benefit.
5. Always remain respectful of other users.
a.All posts should be professional and courteous. You have every right to disagree with your fellow community members and explain your perspective. However, you are not free to attack, degrade, insult, or otherwise belittle them or the quality of this community. It does not matter what title or power you hold in these forums, you are expected to obey this rule.
6. Please use search first!
a. There is a pretty good chance that unless you have a unique problem, your problem has been addressed on our forum before. Please use the forum’s search feature first to see if there are already some good threads on the subject.
7. Be descriptive and don’t use overly simple topic names.
a. Please post a descriptive topic name. Give a short summary of your problem in the subject. Relevant details would be: Device model; Operating system; Wacom driver version; etc.
b. Examples of subjects that should not be used:
i. Help me, Hello, very urgent, I have a question, my tablet broke.
c.  Example of a good subjects to use:
i. “How do I connect a Wacom Cintiq Pro 32 to an Apple desktop?”
ii. “Help, my Intuos Pro is no longer working after installing the latest Windows update.”

 

General Forum Questions

1. Am I allowed more than one account?
a. No, there is no reason why you should have more than one account. If you are banned from the forums, you are not allowed to create a new account. If you continue to create new accounts after you have been banned, your IP address will be blocked from the forums.
2. What happens if I break a rule?
a. If you break a rule, then you will either be warned or banned. A ban of your user account may either be temporary or permanent. The administrators and moderators also have the right to edit, delete, move or close any thread or post as they see necessary, without warning.
3. What happens if I see a thread/post which has broken a rule?
a. Please report the thread/post to the moderators or admin.

 

Offenses which result in an instant ban from the Forum

1. Insults.
a. Direct personal insult of another forum member (e.g., "You are an idiot.") and other name-calling.
2. Harassment.
a. Purposely intimidating a member, harassing them, sending them rude or unwanted private messages, etc. This includes personal attacks on moderators for doing their jobs.
3. Threats.
a. Any threat or intimation of a threat.
4. Violation of Terms of Use.
a. Violation of the Terms of Use you agreed to when registering for the site: that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
5. Trolling.
a. Do not post in order to anger other members or intentionally cause negative reactions.
6. Hate speech and group slurs.
a. Discrimination, abuse, or prejudice against a group, for example based on race, gender, religion or sexual orientation, in a way that a reasonable person would find offensive.

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