terms-and-conditions

Yuify Platform Terms (For Open Beta Testing)

Last Modified: April 18th, 2023

These Yuify Platform Terms (the “Yuify Platform Terms”) are additional terms that apply between you and Wacom (as defined in the Terms (defined below)) with respect to your access to and use of Wacom’s Yuify Platform (the “Yuify Platform”) and the services provided by Wacom via the Yuify Platform (collectively, the "Yuify Services"). In other words, the Yuify Services are one of the Wacom Services (as defined in the Terms (defined below)) provided by Wacom and/or its affiliates, and all of the Terms of Use for Wacom Services at https://www.wacom.com/terms-of-use (the “Terms”) will apply or apply mutatis mutandis to this Yuify Services, and the Yuify Platform Terms will additionally apply as part of the Terms. Wacom may, at its own discretion, change or cancel the contents of this Yuify Platform at any time, with or without notice to you. The Yuify Platform Terms, together with the Terms govern the relationship between Wacom and the user from the time of registration until the time of confirmed cancellation or termination. Usage of the user of the Yuify Services presupposes that the user agrees to the Terms and the Yuify Platform Terms and has taken note of the rules for handling personal data in accordance with the applicable data protection laws and regulations and Wacom privacy policy at https://www.wacom.com/en-de/privacy and Wacom’s privacy notice for the Yuify Services available at https://www.yuify.com/en-us/terms-of-use. Please read the Yuify Platform Terms carefully before you start to use the Yuify Services. By using the Yuify Services or by clicking to accept or agree to the Yuify Platform Terms when this option is made available to you, you accept and agree to be bound by the Yuify Platform Terms. If you do not agree to the Yuify Platform Terms, do not use the Yuify Services. You agree that the Yuify Platform Terms govern and control your access to and use of the Yuify Services. To the extent of any conflict or inconsistency between the Yuify Platform Terms and any other Wacom terms or conditions, the Yuify Platform Terms will govern or control, unless the other terms or conditions expressly state otherwise. Except as set forth in the preceding sentences or as otherwise expressly set forth in the Yuify Platform Terms, Wacom will not be bound by any term, condition or other provision which is different from or in addition to the provisions of the Yuify Platform Terms, including for example, any term, condition or other provision submitted by you in any order, receipt, acceptance, confirmation, or other document.

The Yuify Services are a platform designed to help users control the ownership and other rights of their artwork and collaborations at any stage of the workflow through the use of Wacom’s proprietary watermarking technology. The Yuify Services allow users to register, publish and license visual or audio-visual content, such as graphics, drawings, (animated) movies or 3D models (collectively, "Resource(s)"). However, as further discussed in the Yuify Platform Terms, in providing the Yuify Services, Wacom is merely providing a venue for users to connect and engage with other users; Wacom is not and will not become a party to any agreements or contracts, or any resulting disputes, between you and any other users relating to your use of the Yuify Services and/or a Work.

For purposes of the Yuify Platform Terms, “you” and “your” means you as the user of the Yuify Services.

The Yuify Services are only for users who:

Are of legal age according to the requirements of their jurisdiction of residence;
Have their habitual residence in one of the countries listed to the Addendum A attached hereto;
Use the Yuify Services for business operators, the primary purpose of which are their trade, business or profession;
Have obtained a valid Wacom ID; and
Have no prior Wacom ID Account or other agreement with Wacom which have been cancelled or terminated because of violation of our terms and policies that apply to your use of Wacom Services.

If you do not meet the above requirements, you must not access or use the Yuify Services.

1.	Wacom ID Account
1.1	We will send all communications in relation to the Yuify Services to the email address we currently have on hand for you in connection with your Wacom ID account. You agree to keep your email address up to date, and further agree to regularly check your email address for communications from us.
2.	Using the Yuify Services
2.1	Access and Use.
2.1.1	You may access and use the Yuify Services when and as available. Although we generally intend for the Yuify Services to be available on an uninterrupted basis, they will not always be available (e.g., during maintenance, changes, outages and for other reasons). Section 5 of the Terms shall apply to the unavailability of the Yuify Services.
2.1.2	The Yuify Services do not replace the need for you to maintain regular data backups or redundant data archives, including of your Works and/or any Licenses (defined in the Section 2.4.1 below). While the Yuify Services may backup or create redundant data archives as part of its normal operations, the Yuify Services are not a data backup service. Accordingly, while Wacom may backup certain data as part of the Yuify Services’ normal operations and pursuant to Wacom’s general data archival policies, you agree to be responsible for any data backups and/or redundant data archives of your data. Section 5 of the Terms shall apply to Wacom’s obligation or liability under this section.
2.2	Registering a Work.
2.2.1	The Yuify Services include functionality that allows users to register their Works using the Yuify Services by uploading them via a software application, ““ADOBE PHOTOSHOP” (Version 23.0.0. or later) owned by Adobe Systems Software Ireland Ltd.
2.2.2	You represent and warrant as follows with respect to any and all Works registered by you through the Yuify Services: That you are the author, or if stated at the time of registration, the co-author of the Work; That the Work, or your contribution to it, is and shall be your original work; That you have all necessary rights, and will maintain all necessary rights, to register the Work using the Yuify Services and to otherwise grant: (i) the rights granted by you to Wacom under the Yuify Platform Terms; and (ii) the rights granted by you to other users in and to the Work by and through the Yuify Services, including pursuant to the License; That the Work is not subject to, and will not become subject to, any confidentiality or non-disclosure agreements with third parties; That you have not granted to any third party, and will not grant to any third party, any right or interest in the Work that would restrict your ability to register the Work or otherwise conflict or contradict with: (i) the rights granted by you to Wacom under the Yuify Platform Terms; and (ii) the rights granted by you to other users in and to the Work by and through the Yuify Services, including pursuant to the License; That the Work does not infringe, violate or misappropriate the intellectual property rights or other proprietary rights of any third party, including any personality rights or rights of publicity; and That the Work does not include pornography, glorification of violence, content harmful to minors, extremist political views, or any other illegal content, as determined by Wacom in its sole and absolute discretion. You agree to promptly inform Wacom in writing if at any time the above representations and warranties are no longer true and correct.
2.2.3	Once registered, the registered Work will be watermarked and published on the Yuify Services and will be associated with your Yuify Services profile. Notwithstanding the preceding sentence, Wacom may refuse to register, or remove or no longer make available on the Yuify Services, any Works that, in Wacom’s sole and absolute discretion, do not conform to the above representations or warranties, or otherwise breach or violate the Yuify Platform Terms, including Section 3 below. The foregoing remedies shall be in addition to Wacom’s other rights and/or remedies under the Yuify Platform Terms or otherwise at law or in equity.
2.3	Creating Projects
2.3.1	The Yuify Services include functionality that allows users to create or join a project (the “Project”) in which a user may cooperate or work with other users to create Works.
2.3.2	If you create a Project, you will be the Project owner, and you will have the right to establish the conditions under which other users may cooperate or work on the Project and/or pursuant to which the Work may be licensed to other users or third parties (“Project Conditions”). You may establish such Project Conditions by using the available Project settings made available through the Yuify Services, or by requiring that other users agree to your conditions in order to work on the Project. As a Project owner, you represent and warrant that you are fully authorized by all other Project members: To communicate with other users or third parties regarding the Project, including without limitation, to bind all Project members with respect to the Project; To make legally binding statements towards other users or third parties in the name of the Project; and To contract with other users or third parties regarding any Works created in connection with the Project, including by granting the Licenses to third parties in and to the Work.
2.3.3	You may also decide to join a Project that is created by another user as a Project member. In order to join certain Projects, you may need to be invited by another user, or otherwise be approved by another user.By joining a project, you accept and agree to be bound by the Project Conditions established by the Project owner for the Project.
2.4	Licensing
2.4.1	The Yuify Services includes functionality that assists users to grant or obtain licenses to Works using the Yuify Services (the “License Builder”). If you grant or obtain a license to a Work using the Yuify Services (each the “License”), you agree as follows: The License Builder includes functionality for licensors to generate certain license terms by using some sample clauses (the “Licensor Functions”). You acknowledge and agree to the License Builder Terms https://www.yuify.com/en-us/terms-of-use when you use the License Builder. You acknowledge and agree that the assistance of the License Builder and using the License Builder either as a licensor or a licensee are informational in nature and the License Builder is not intended to and shall not be used as legal advice. No attorney-client relationship is formed between you and Wacom as a result of Wacom’s provision of, or your use of, the License Builder. Wacom expressly disclaims responsibility for any consequence of the use or misuse of the License Builder. Your use of the License Builder is at your own risk, and you further acknowledge and agree that you should not and will not act on the basis of any information included in the License Builder without first seeking legal advice from counsel in your jurisdiction of residence. Wacom does not become a party of the License or does not act as an agent for one of the contractual parties of the License. Furthermore, we do not verify – and do not accept any liability for – whether (i) the Licensee or the Licensor under the License acts in good faith or (ii) the information provided by a licensee or a licensor under the License Builder is accurate and up to date.
2.5	Interactions with Other Users
2.5.1	You are solely responsible for your interactions and communications with: (i) other users of the Yuify Services, including without limitation, any users with whom you may engage or work with on the Project; and (ii) any other users to whom you may grant or obtain the License with respect to a Work through the Yuify Services. In particular, you acknowledge and agree that, Wacom does not, and shall have no obligation to, verify, assess and/or monitor: (a) the identity, background, credentials, qualifications, skills or experience of any other users or third parties; or (b) the authenticity or originality of any Work, or any particular user’s rights in or ownership of a Work or contribution to a Work (including as to whether a particular Work infringes, misappropriates or violates any third party intellectual property rights or other proprietary rights). As such, the entire risk associated with your use of the Yuify Services is solely with you. In the event of any dispute between you and another user or third party in connection with the Yuify Services and/or a Work, you acknowledge and agree that such dispute is solely between you and the other user or third party, that Wacom is not a party to such dispute, and that such dispute does not involve or otherwise implicate Wacom. In particular, you acknowledge and agree that: Wacom is not a party to, and will have no liability or responsibility to you or to any third party in connection with, any License which you obtain or grant in connection with a Work. For any licenses in which a licensee pays consideration in exchange for the license grant, such consideration will be paid: (i) where the Work is not part of a Project, to the user who registered the Work; and (ii) where the Work is part of a Project, to the Project owner, in which case, the Project owner will be solely responsible for distributing any payments to the other Project members pursuant to the applicable Project Conditions. If you are a Project member and you do not receive payment from a licensee or distribution from the Project owner in connection with a Work in which the license granted by the Project owner requires the licensee to make payment, you agree that your sole and exclusive remedy is and will be to seek payment from the licensee or the Project owner, not from Wacom. IF YOU HAVE A DISPUTE WITH ANOTHER USER OR IF YOU SUFFER ANY LOSS OR DAMAGE AS A RESULT OF THE ACTIVITIES OR CONDUCT OF ANOTHER USER, INCLUDING WITHOUT LIMITATION, A LEGAL CLAIM OR LAWSUIT (COLLECTIVELY, “DISPUTE(S)”), YOU HEREBY RELEASE AND FOREVER DISCHARGE WACOM AND ITS OFFICERS, DIRECTORS, VENDORS, AGENTS, SUBSIDIARIES, JOINT VENTURERS AND EMPLOYEES (COLLECTIVELY, THE “WACOM PARTIES”) FOR, FROM AND AGAINST ANY AND ALL CLAIMS (ACTUAL OR ALLEGED), DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE AND HEREBY COVENANT NOT TO SUE OR OTHERWISE BRING ANY LEGAL ACTION WHATSOEVER AGAINST THE WACOM PARTIES ARISING FROM OR RELATED TO SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
2.5.2	Your Conduct You may use the Yuify Services only for lawful purposes in accordance with the Yuify Platform Terms. Except as expressly permitted in the Yuify Platform Terms, you agree not to: License, sublicense, lease, rent, timeshare, distribute, disclose, permit access to, or transfer to any third party, any portion of the Yuify Services and/or any Wacom Content (as defined below), whether for profit or without charge; Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing”), publish or sell the Yuify Services and/or any Wacom Content; Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Yuify Services, any Wacom Content, or any Wacom software; Remove any copyright and other proprietary notices placed upon the Yuify Services, any Wacom Content, or any Work; Circumvent any use-limitation or protection device contained in or placed upon the Yuify Services and/or any Wacom Content, or access or attempt to access any portion of the Yuify Services and/or any Wacom Content that you are not authorized to access; Use the Yuify Services to execute denial of service attacks; Perform automated searches against Wacom’s systems (except for non-burdensome federated search services), including automated “bots”, link checkers or other scripts, without prior written permission from Wacom; Use the Yuify Services or any Wacom Content to create products or perform services which compete with or interfere with the Yuify Services, any Wacom Content, or any other products or services of Wacom or its licensors; Use the Yuify Services to distribute political or religious advertising; Text mine, data mine or harvest metadata from the Yuify Services; Impair or overburden the Yuify Services or any servers or systems associated with the Yuify Services; Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; Violate any Laws. For purposes of the Yuify Platform Terms, “Laws” means applicable federal, national and international, state and local laws, statutes, rules, regulations and ordinances, including any judgment or order of any court or governmental authority, and specifically includes, without limitation, all applicable anti-bribery and anti-corruption laws and regulations, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010, and all applicable privacy and data protection laws; Use the Yuify Services and/or any Wacom Content in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party; Use the Yuify Services in any manner that is fraudulent or deceptive; Introduce to the Yuify Services or any other Wacom systems or software any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; Transmit or upload to the Yuify Services any content or materials, including any Work, that, in whole or in part: (i) is inappropriate, offensive, libellous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized, as determined by the Wacom in its sole discretion; (ii) is harassing, abusive, stalking, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially, ethnically or otherwise objectionable or offensive in any way, as determined by Wacom in its sole discretion; (iii) is in violation of (or that encourages others to violate) any applicable Law; (iv) is defamatory or invades the publicity rights or privacy rights of any person, living or deceased, or otherwise infringes upon any person’s personal or property rights or any other third party rights; (v) involves physical harm to any person or animal; or (vi) contains verbal or visual mentions of commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans. Download all or parts of the Yuify Services and/or any Wacom Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Yuify Services and/or the Wacom Content, in any form; or Use the Yuify Services or any Wacom Content to create or develop any competing product or service, or any other product or service that emulates the features and/or functions of the Yuify Services and/or the Wacom Content.
2.6	As a registered user you may use the communication tools provided on the Yuify Platform to communicate with other users. When using the communication tools each of you shall act polite and friendly towards other users. Especially, the communication tools must not be used for: Stalking, insulting or threatening other persons, Unlawfully disclosing personal data about third parties, Distribution of hate speech, pornography, glorification of violence or content harmful to minors, Distribution of political or religious advertising, Arrangement or execution of illegal acts, Advertising products and services not related to the Yuify Platform, Spreading spam or pyramid schemes advertisement, Deceiving about the intention to pay an agreed license fee, Deceiving about our entitlement to license a Work.
2.7	If Wacom becomes aware that a user breaches Section 2.5 or 2.6, Wacom may temporarily suspend or terminate the user account in accordance with the Terms.
3.	IP Rights
3.1	The Yuify Services may feature, without limitation, data, text, designs, graphics, logos, slogans, interfaces, icons, software, and other information (collectively, “Wacom Content”). The Yuify Services, all software and/or technology used by Wacom to provide the Yuify Services, and all Wacom Content are and shall at all times remain the sole and exclusive property of Wacom or its affiliates, licensors or suppliers, and is protected by intellectual property laws. All rights not expressly granted to you are reserved by Wacom. Modification or use of the Yuify Services and/or the Wacom Content for any purpose other than the purposes contemplated herein may violate or infringe Wacom’s intellectual property rights. Title to the Yuify Services and/or the Wacom Content (and all associated intellectual property rights) is not transferred to you; rather, all right, title and interest therein remains with Wacom.
3.2	You retain ownership or other rights of any Works that you register and/or upload to the Yuify Services, in addition to any and all other text, information, video, images or content you may upload and post through the Yuify Services (collectively, “Your Content”). However, in order for us to provide you the Yuify Services, you must grant certain rights to Wacom to use Your Content. Accordingly, subject to any restrictions or limitations set forth in the Yuify Platform Terms, you hereby grant to Wacom and its designees, a royalty-free, fully paid, non-exclusive, freely assignable, freely sublicensable license to post, store, use and transmit any and all of Your Content in connection with Wacom’s maintenance, operation, and provision of the Yuify Services. With respect to any Works, the license rights granted by you to Wacom include, without limitation, the right to make copies of the Works, to make the Works available to the public, and to modify or adapt the Works in order to reduce the size of Works for thumbnails or other scale versions. You are solely responsible for any and all of Your Content uploaded and/or transmitted in and/or through the Yuify Services.
3.3	Any comments, feedback, suggestions, or ideas (“Feedback”) you provide to Wacom either through or in connection with the Yuify Services may be used by Wacom. While you may continue to own all such Feedback, you hereby grant to Wacom a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise commercialize and exploit the Feedback, without your prior consent or approval and without payment to you. If you do not want Wacom to use the Feedback, do not provide any such Feedback to Wacom.
4	Intellectual Property Infringement Notification Procedure
4.1	Wacom respects third party intellectual property rights. If you believe that your intellectual property rights has been infringed on or through the Yuify Services, then please contact us at ux@wacom.com.
4.2	We may take down any content in response to takedown notices and/or other intellectual property infringement claims (“Infringement Notice”) and may temporarily suspend or finally terminate a user’s account if itis reasonable to do so.
4.3	Upon receipt of an Infringement Notice, we will reach out to the user who allegedly infringes the notifier’s rights and ask said user for a statement on the allegations. Subsequently, we will inform the notifier and the user about our decision how we will react on the Infringement Notice.
5.	Termination If you reside in Japan, Section 9 of the Terms shall apply to termination under the Yuify Platform Terms. If you reside in Europe (as defined in the Addendum A hereto), Section 8 of the Terms shall apply to termination under the Yuify Platform Terms. If you reside in North America (as defined in the Addendum A hereto), Section 9 of the Terms shall apply to termination under the Yuify Platform Terms.
6.	Wacom Warranties; Disclaimer Section 5 of the Terms shall apply to Wacom’s warranty or liability for the Yuify Services.
7.	Changes to Yuify Services and Terms
7.1	You agree that Wacom may further develop the Yuify Services at any time and thereby change, modify, amend or limit the Yuify Services, or any part thereof (“Service Change(s)”). To the extent any such Service Change materially reduces the current features or functionalities of the Yuify Services (excluding the cases that such Service Change is reasonably required for Wacom and/or the Yuify Services to comply with applicable Laws or to address any exigency such as, by way of illustration, a security vulnerability in the Yuify Services) (a “Material Service Change”), Wacom will provide you not less than thirty (30) days’ prior notice of such Material Service Change. Such notice will be provided by our posting a notice of the changes on the Yuify Services and, if you provided us with an email address as part of your Wacom ID account, by email to the email address you provided. In the event you object to a Material Service Change, then your sole and exclusive remedy shall be to terminate the Yuify Platform Terms (and consequently, your usage rights) by providing written notice to Wacom prior to the expiration of the foregoing thirty (30) day period.Such termination shall be without fault or penalty to either party. Except as otherwise expressly set forth in this Section 10.1, Wacom shall have no liability of any kind to you with respect to any Service Changes or any adverse effects resulting from any such Service Changes.
7.2	Wacom may, at any time, suspend and/or discontinue the Yuify Services as is reasonably necessary in order for Wacom and/or the Yuify Services to comply with applicable Laws and/or to address an exigent circumstance such as a security breach or other unauthorized access to or use of the Yuify Services (“Security Breach”).In the event of any suspension due to a Security Breach, Wacom shall use commercially reasonable efforts to restore the availability of the Yuify Services as soon as reasonably practicable under the circumstances.
7.3	Wacom has the right to revise and update the Yuify Platform Terms at any time, in Wacom’s sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Yuify Services thereafter. Your continued use of the Yuify Services following the posting of the revised Yuify Platform Terms means that you accept and agree to the changes. We encourage you to check the Yuify Platform Terms often for updates.
8.	Monitoring We do not commit to reviewing any of Your Content (including any Works) or the materials or content of any other user or third party (including any Works), and cannot ensure prompt removal of objectionable material after it has been posted or transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content (including any Works) provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
9.	Miscellaneous
9.1	Severability. If any part of the Yuify Platform Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in the Yuify Platform Terms and the remainder of the Yuify Platform Terms will continue in effect.
9.2	No Third Party Beneficiaries. There are no third party beneficiaries of any part of the Yuify Platform Terms.
9.3	Assignability. The Yuify Platform Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Wacom’s prior written consent, which Wacom may withhold for any reason or no reason.
9.4	Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created as a result of the Yuify Platform Terms and neither party has any authority of any kind to bind the other in any respect.
9.5	Entire Agreement. The Yuify Platform Terms, which incorporate by reference any: (i) additional terms on the Yuify Services or otherwise provided by us for particular activities; and (ii) disclosures provided by us and consents provided by you on the Yuify Services, constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Yuify Platform Terms.

Addendum A

“APAC”: Japan

"Europe": Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, and Vatican City

"North America": Antigua and Barbuda, Bahamas, Barbados, Belize, Canada, Costa Rica, Cuba, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, and United States of America