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Terms and conditions

These Terms of Use are a binding agreement between you and Wacom Technology Corporation (“Wacom”) governing your account registration and your use of the online services offered by Wacom (which may include the American Wacom eStore available at https://us-store.wacom.com/, the Wacom Marketplace available at https://us-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 eStore, 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 18 or to anyone whose Wacom Account has previously been terminated. By entering into this Agreement, you represent and warrant that you are at least 18 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:

d) 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;

e) 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;

f) 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;

g) 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

h) 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 agree 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 claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of this Agreement; or (ii) your user content; or (iii) your use of (A) the Wacom Services, your Wacom Account, or the Wacom Sites, (B) the Wacom content, or (C) your use of services and products obtained through the Wacom Services, in each case other than as expressly authorized in this Agreement.

3.3.1 We do not prescreen content posted by users and cannot guarantee the Wacom Services or the Wacom Sites will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of other users. In the event we choose to monitor and/or remove any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content or the removal of such content. If you have concerns about any content posted by another user, please use the copyright notice procedures in this Agreement to notify us.