These Terms of Use are a binding agreement between you and Wacom Australia Pty. Ltd.(“Wacom”) governing your account registration and your use of the online services offered by Wacom (which may include the Wacom Marketplace available at https://marketplace.wacom.com, and/or other services using the Wacom Account single sign-on feature (collectively the “Wacom Services”). Your account can also be used to sign on to other online services offered by Wacom and/or its affiliated companies that use the Wacom Account (collectively the “Wacom Sites”). Any goods, software, subscriptions or other services (collectively “Offerings”) you may purchase from Wacom, its affiliates or third parties through the Wacom Marketplace, or other such Wacom Services are subject to additional terms and conditions that you must accept upon making such purchase.
1 Scope; Wacom Account
1.1 These Terms of Use (this “Agreement”) govern your use of the Wacom Services. Any general terms and conditions you may propose do not apply to this Agreement even if Wacom has not formally rejected them. A Wacom Account is required to fully access and use the Wacom Services.
1.2 You enter into this Agreement by signing up for and activating a Wacom Account (as described in Section 1.2.1 below), or by signing in to a Wacom Service using an existing Wacom Account created on a different Wacom Site, and accepting these Terms of Use (as described in Section 1.2.2 below):
1.2.1 When you sign up for a Wacom Account by selecting a user name and password and providing a valid e-mail address (or alternatively by using an existing social media account to provide your information), you are requesting that Wacom makes you an offer to enter into this Agreement. Wacom will confirm receipt of your registration request by e-mail. If Wacom chooses to make you an offer, Wacom will do so by sending you an activation link by e-mail. This may also be combined with the aforementioned confirmation of receipt. The Agreement is effective if and when you activate your Wacom Account by clicking the activation link.The following rules apply to any Wacom Account created through any Wacom Service:
a) You will keep your Wacom Account information, including without limitation your e-mail address and, if applicable, billing information (including billing address) current.
b) The Wacom Account is personal and non-transferable. You may not assign, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your Wacom Account to any third party. The same applies to any licences to any Offering that is tied to the Wacom Account, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence.
c) You will keep your password confidential and inform Wacom immediately if you have reason to suspect your password has been disclosed to or otherwise obtained by any third party (provided, for clarity, that anyone using the Wacom Account on behalf of the Subscribing Organization (defined below) is not a “third party” for this purpose).
1.2.2 When you sign in to any Wacom Service with an existing Wacom Account for the first time, you will be prompted to accept these Terms of Use. The Agreement is effective once you confirm this prompt. Your Wacom Account will be subject to the terms you accepted when you created it.
1.3 The Wacom Account is not available to persons under the age of 20 or to anyone whose Wacom Account has previously been terminated. By entering into this Agreement, you represent and warrant that you are at least 20 years old and you have not previously had a Wacom Account terminated. If you are using or opening a Wacom Account on behalf of a company, entity, or organization (collectively, a "Subscribing Organization") then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these terms, and that you agree to these terms on behalf of such Subscribing Organization. In such a case "you" in these terms refers to your Subscribing Organization, which shall ensure that each individual user accessing and using the Wacom Account on behalf of the Subscribing Organization complies with the obligations, limitations and restrictions contained herein.
1.4 The Wacom Account can be used across a number of online services and platforms operated by Wacom and/or its affiliated companies. However, additional terms may apply to your access to and use of any Offerings available on or through the Wacom Services and such other online services and platforms. You will be notified of such additional terms and be asked to accept them whenever you try to access, download, or otherwise use an Offering by Wacom, its affiliates or any third party that is subject to such additional terms.
1.5 You acknowledge that the Wacom Services are operated using technology owned and controlled by Wacom’s third party licensor(s). You acknowledge that these licensor(s) is/are not a party to this Agreement and that (i) they retain all right, title and interest in and to their own technology and do not grant you any licence to such technology, (ii) they are not responsible for the operation or the contents of the Wacom Services or the Offerings you may purchase from other third parties through Wacom Services (and Wacom makes no warranties on their behalf), (iii) they do not grant any warranties to you regarding the technology, and (iv) they do not have any other contractual liability to you.
2 Wacom Services
2.1 During the term of this Agreement, Wacom will permit you to access the Wacom Services and use their features and/or functions. Such features or functions may also include opportunities to upload or share content (such as message boards or product review tools). Wacom may, however, make reasonable modifications to the features and functions of the Wacom Services at any time in its discretion, including for instance, to adapt them to new technologies.
2.2 You may enter into agreements regarding Offerings with Wacom, Wacom affiliates and/or third parties through the Wacom Services. Such agreements are subject to the respective terms communicated to you by the respective vendor. In the event of any conflict between the respective custom terms and this Agreement, the custom terms of the Offering prevail.
2.3 The vendor of any Offering will be clearly identified on the respective description page within the Wacom Marketplace.
3 Your Obligations and Content; Indemnity
3.1 You acknowledge that the Wacom Account and the Wacom Services are not data backup services. You will create and maintain adequate regular backups of any and all content you upload or share using the Wacom Account and/or the Wacom Services.
3.2 In using the Wacom Services, you will not:
a) interfere or attempt to interfere with the proper workings of or any activities conducted on the Wacom Services, or access or attempt to access the Wacom Services with any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures as may be used to prevent or regulate access to the Wacom Services;
b) post, upload, or distribute any content that is defamatory, libelous, inaccurate, unlawful (including in violation of any applicable intellectual property, personality rights, youth protection or similar laws), or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
c) post or upload any content that contains any viruses, adware, spyware, worms, or other malicious code or any content or file that may have the effect of compromising any security or access control feature of the respective Wacom Service or of any Offering;
d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Wacom Account of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via any Wacom Service, or perform any other similar fraudulent activity; or
e) post or send unsolicited commercial messages or advertise any goods, software, products, services other than the Offerings available through any Wacom Service.
3.3 You will indemnify and hold Wacom harmless for any and all expenses and damages, including reasonable market-rate attorneys’ fees, incurred or suffered by Wacom in connection with any breach of this Agreement by you, including without limitation any damages caused by any content you upload to any Wacom Service, and further including without limitation any damages caused by any alleged infringement of third party rights by your use of any Wacom Service. This does not apply to the extent you are not responsible for the breach.
3.3.1 If Wacom in its reasonable discretion deems any content you uploaded or shared to be breach of the aforementioned restrictions, Wacom may reasonably edit or remove such content or such parts of the content that give rise to this concern. Wacom will not edit or partially remove content in a way that materially alters the meaning of the original content. Any other statutory and contractual rights of Wacom remain unaffected.
4 Intellectual Property Rights; Licence Grant
4.1 Except where expressly provided otherwise, any licence to any Offering you purchase through any Wacom Service is personal and non-transferable. It is tied to your Wacom Account and you may not assign, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer it to any third party, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence.
4.2 The Wacom Services are the intellectual property of Wacom and/or its licensors. You are granted only a limited, non-exclusive, non-transferable right to use the Wacom Services for the purpose, pursuant to the terms hereof, and for the term of this Agreement. In particular, you may not
a) modify, adapt, translate or create derivative works based upon the Wacom Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
b) attempt to disable or circumvent any security mechanisms used by the Wacom Services, or copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Wacom Services or any part thereof, unless (i) specifically authorized by Wacom in writing, , or (ii) to the extent such acts are necessary to achieve interoperability with a third software, but only if (a) Wacom or its licensors had not published details about the interfaces of the respective Wacom Service before and has not provided such details upon your written request, (b) only those parts of the respective Wacom Service are disassembled that are necessary to achieve interoperability, (c) the obtained information is only used to achieve interoperability, (d) the obtained information is not made available in any way to any third party except as required for the purpose of achieving interoperability; and (e) the obtained information is not used to develop or market a software which is similar to the respective Wacom Service or for any other actions that infringe Wacom’s and/or its third party licensor’s rights.
4.3 You grant Wacom a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence, limited to the term of this Agreement, to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content you upload to any Wacom Service, for the purpose of enabling Wacom and/or its licensor(s) to develop, enhance, provide, syndicate, promote, advertise, and provide you and its other customers with, the Wacom Services and their feature and functions (e.g. product reviews, social or community features, contests, etc.) and otherwise perform its obligations hereunder.
5 Warranty Disclaimer; Limitation of Liability
5.1 The Wacom Account and the Wacom Services are provided free of charge. Wacom grants no warranties, in particular not regarding the availability or functionality of the Wacom Services. Wacom is liable in accordance with statutory law only for wilful intent and gross negligence.
5.2 In the event Wacom is liable in accordance with the above for any data loss, such liability is limited to the amount that would be required to restore such data if adequate regular backups (cf. Section 3.1) had been made.
5.3 These limitations of liability stated in Section 5.1 and 5.2 above also apply for the benefit of Wacom’s directors, officers, employees, licensors, freelancers, subcontractors, representatives and agents of any kind.
5.4 For clarity, the warranties and liability of the relevant provider of any Offerings you may purchase from Wacom, its affiliates and/or any third parties through the Wacom Services is subject to the separate terms and conditions applicable to the relevant Offering.
6 Copyright Infringement Notification Procedure
6.1 Wacom respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Wacom Services in a way that constitutes copyright infringement, then please contact us at dmca@wacom.com and provide the following information:
6.1.1 A description of the copyrighted work that you believe has been infringed;
6.1.2 A description of what the allegedly infringing work is;
6.1.3 A description of the location where the allegedly infringing work is located on the Wacom Services;
6.1.4 An address and telephone number where you can be contacted, including an email address if possible;
6.1.5 A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6.1.6 A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
6.1.7 A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
7 Term and Termination
7.1 Either party may terminate the Agreement for convenience in writing (e-mail sufficient) at any time with 7 days’ notice.
7.2 Wacom may terminate the Agreement effective immediately if the user (i) breaches any of the obligations stated in Sections 3 or 4 of this Agreement or (ii) breaches any other obligations hereunder and does not remedy such breach upon a warning setting a reasonable time period for such remedy.
7.3 Subject to Section 6.4 below, Wacom may delete any data stored by the user in their Wacom Account and/or the Wacom Services after any effective termination of the Agreement.
7.4 The termination of this Agreement does not affect any additional agreements regarding the Offerings as may have been concluded through any Wacom Service, which may be terminated only in accordance with their respective terms. To the extent the Wacom Account is required in order to continue using such Offerings, the Account will remain active only for the purpose of the concerned Offerings and for as long as you are entitled to them under their respective terms. For clarity, in such case you will not be able to purchase any new Offerings through the Wacom Services.
8 Modification of Terms
We have the right to change this Agreement at any time. We agree to post a notice of the changes in the footer of the Wacom Sites and, if you provided us with an email address, email you a notice of the changes to the email address we have on file. The changes will be effective 30 days after posting and emailing such notice. Your continued use of the Wacom Services or the Wacom Sites will be considered your acceptance to the revised Agreement.
9 Miscellaneous
9.1 Information on Wacom’s use of personal data can be found in the privacy policy available at https://www.wacom.com/en-au/privacy-for-ecommerce.
9.2 This Agreement shall be governed by the laws of Australia.
9.3 Any legal suit, action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts located in Sydney.
9.4 The contract language is English. Translations into other languages are solely for the purpose of comprehensibility and are not legally binding.
10 Wacom Education Community
10.1 Eligibility. Education pricing is available to all students of Australian institutions for the duration of their studies. Education pricing extends to lecturers and/or academic staff while they remain in their roles.
10.2 Joining the Wacom Education Community. To benefit from education pricing, users will need to register and submit proof of their student or academic status. You can register at buywacom.com.au/education When joining the Education Community, all users agree to subscribing to the Wacom Australia newsletter. This newsletter provides the latest company news and offers. Users can unsubscribe at any time by clicking the ‘unsubscribe’ button located at the bottom of received emails.
10.3 Purchasing within Education community. Identified education members may purchase any products offered on the eStore (buywacom.com.au) education pricing will be as listed once an eligible customer has logged in. All products purchased as part of the education scheme are for personal use only.
- Education pricing is not valid with any other offer on the Wacom Australia eStore.
- Education pricing will apply to most products, however, some items may not be offered at discount. To see education pricing, please ensure you’re logged in when browsing buywacom.com.au
- Eligible Education Community Customers are restricted to purchase of 1xIntuos, 1xWacom Intuos Pro/Intuos Pro, 1xWacom Cintiq Pro/Cintiq Pro and 1xWacom MobileStudio Pro per year. For bulk/classroom orders please contact us here
Wacom Australia reserves the right to cancel any orders that you make in the case:
- We are made aware that you are no longer a student or academic staff member
- We identify you have surpassed the limit of allowable education priced product within one year
- We are made aware that your purchases are not for personal or academic use
Last modified: March 2018.