Wacom Cloud

TERMS OF USE AGREEMENT FOR WACOM CLOUD

UPDATED AS OF: August 1st, 2014

You are being presented with this Terms of Use Agreement because you are trying to use a particular website (the “Site”), web-based or mobile software application (“App”), and/or other service (together with the Site and the App, collectively, the “Services”) created, controlled, and made available by Wacom Co., Ltd. (“Wacom”, “we” or “us”).

Wacom provides the Services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (this “Agreement”). This Agreement sets forth Wacom’s policies and your obligations with respect to its operation of the Services. BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE EITHER (I) AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE OR (II) IF A MINOR, AT LEAST THIRTEEN (13) YEARS OF AGE AND HAVE YOUR PARENTS’ OR GUARDIANS’ CONSENT TO USE THE SERVICES; (B) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (EACH, A “DEVICE”); AND (C) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY CLICKING TO ACCEPT OR OTHERWISE INDICATING THAT YOU ACCEPT THIS AGREEMENT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

Certain programs or features offered by the Services may be governed by additional terms (“Additional Terms”) presented in conjunction with those programs or features, which You must agree to before using them. The Additional Terms and this Agreement, taken together, shall apply to your use of those programs or features. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

QUICK GUIDE TO CONTENTS

1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

2. ACCOUNTS

3. DISCLAIMER OF WARRANTIES

4. LIMITATIONS ON LIABILITY

5. INDEMNIFICATION

6. SUSPENSION/TERMINATION OF THE SERVICES; FEES FOR USE OF THE SERVICES

7. EXTERNAL SITES

8. USER CODE OF CONDUCT

9. USER MATERIALS

10. INTELLECTUAL PROPERTY

11. MOBILE DEVICES

12. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

13. GOVERNING LAW AND DISPUTE RESOLUTION

14. GENERAL

15. CHANGES TO THIS AGREEMENT

1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Please review our Wacom Cloud Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Services you agree to the terms of our Wacom Cloud Privacy Policy. Wacom Cloud Privacy Policy shall be party of this Agreement and shall be governed by the terms of the Agreement.

2. ACCOUNTS

If you register for an account to use the Services, you must complete the applicable registration process by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify Wacom immediately of any unauthorized use of your account. Wacom is not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.

3. DISCLAIMER OF WARRANTIES

YOUR USE OF AND RELIANCE ON THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, AND WACOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WACOM AND ITS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES (COLLECTIVELY, THE “WACOM PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WACOM PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WACOM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

4. LIMITATIONS ON LIABILITY

To the full extent permitted by applicable law, in no event will the Wacom Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (a) loss of goodwill, profits, business interruption, data or other intangible losses; (b) your inability to use, unauthorized use of, performance or non-performance of the Services; (c) unauthorized access to or tampering with your personal information or transmissions; (d) the provision or failure to provide any service; (e) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (f) any transactions entered into through the Services, (g) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (h) damages otherwise arising out of your use of or access to the Services, or the content of any site or sites linked to from the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Wacom has been advised of the possibility of damages. In no event shall Wacom’s liability exceed the total amount paid by you to Wacom, if any, for accessing the Services.

5. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Wacom Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, any Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services. You agree to cooperate fully with Wacom in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

6. SUSPENSION/TERMINATION OF THE SERVICES; FEES FOR USE OF THE SERVICES

Wacom may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof at any time for any reason with or without notice to you. If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms. Wacom shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.

Except where otherwise provided, the Services are currently available without charge. Wacom reserves the right to charge a fee for access to or use of the Services at any time in the future and Wacom will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.

7. EXTERNAL SITES

The Services may contain links to external third-party sites that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. Wacom does not control or monitor, and is not responsible for, these third-party sites, including any privacy policies or practices governing such sites. Wacom makes no representations regarding, and is not liable for, the accuracy, completeness, timeliness or availability of any of the content, products or services displayed, distributed, or otherwise made available at these sites. If you access any third-party site, you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not mean that Wacom endorses, sponsors, is affiliated or associated with, or recommends the third party or the content, products, or services contained on, or available through, such third-party site, or that Wacom is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in such link.

8. USER CODE OF CONDUCT

The Services are for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:

Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page);

Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity;

Deliver, or provide links to, any postings containing material that

could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable,

harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability,

is defamatory, false or libelous,

infringes or violates any intellectual property or other right of any entity or person;

Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;

Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another;

Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references;

Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment;

Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means; or

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.

9. USER MATERIALS

Wacom does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services (collectively, “User Materials”). Wacom is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Wacom reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Wacom is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.

You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Wacom will not violate the rights of any third party.

The information and opinions expressed in User Materials are not those of any of the Wacom Parties, and Wacom makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Wacom does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Wacom has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk.

If you are aware of any User Materials which violate this Agreement, please contact us at wacomcloud(at)wacom.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Wacom may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Wacom will only remove User Materials if it believes that removal is necessary.

Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you agree that Wacom, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

10. INTELLECTUAL PROPERTY

The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Wacom logos, titles, characters, names, and button icons (collectively “Intellectual Property”) are protected by copyright, trademark and other laws of different countries, as well as international conventions and treaties. The Intellectual Property is owned or controlled by Wacom or by other parties that have provided rights thereto to Wacom. Except to the extent necessary to lawfully use the Services for your own personal use as contemplated in this Agreement, you agree that you will not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute, or perform publicly any of the Intellectual Property. In additional under no circumstances will you decompile, disassemble, or otherwise reverse engineer any of the Intellectual Property, in whole or in part, without the express written permission of Wacom.

11. MOBILE DEVICES

Through use of the Services, you may be able to: (a) upload content to the Services using your mobile Device, (b) receive and reply to messages, or to access or make posts using your mobile Device, and/or (c) access certain features you have downloaded and installed on your mobile Device. You must provide all equipment and software, and you are responsible for all telecommunication services and costs, necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Services.

12. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

Wacom may display or link to advertisements for the goods and services of a third party on or through the Services, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Wacom does not endorse or warrant, and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through the Services.

13. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement and any Additional Terms are to be governed by and construed under the laws of Japan, excluding any body of law governing conflicts of law. You and Wacom each agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. The exclusive jurisdiction for any dispute between Wacom and the User shall be the Tokyo District Court, located in Japan. User hereby consents to exclusive venue and jurisdiction in such court.

14. GENERAL

If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Wacom with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of Wacom. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.

15. CHANGES TO THIS AGREEMENT

Wacom reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms. In such event, Wacom will present a new version of this Agreement or the Additional Terms to you using the Services, and you will be required to agree to the new version in order to continue using the Services.