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Yuify Platform Terms ( For Restricted Beta Testing)

Last Modified: Sept 21, 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, and will comply with, 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/privacy and Wacom’s privacy notice for the Yuify Services available at https://www.yuify.com/en-us/privacy-policy . 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, and you represent and warrant that you meet the eligibility requirements herein and (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 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 Resource.

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:

(a)  Are of legal age according to the requirements of their jurisdiction of residence;

(b)  Have their habitual residence in one of the countries listed to the Addendum A attached hereto;

(c)  Have obtained a valid Wacom ID; and

(d)  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 Resources 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 Resource
 2.2.1  The Yuify Services include functionality that allows users to register their Resources using the Yuify Services by uploading them via supported software applications.
 2.2.2  You represent and warrant as follows with respect to any and all Resources registered by you through the Yuify Services:
   

(a)  That you are the author, or if stated at the time of registration, the co-author of the Resource;

(b)  That the Resource, or your contribution to it, is and shall be your original work;

(c)  That you have all necessary rights, and will maintain all necessary rights, to register the Resource 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 Resource by and through the Yuify Services, including pursuant to the License;

(d)  That the Resource is not subject to, and will not become subject to, any confidentiality or non-disclosure agreements with third parties;

(e)  That you have not granted to any third party, and will not grant to any third party, any right or interest in the Resource that would restrict your ability to register the Resource 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 Resource by and through the Yuify Services, including pursuant to the License;

(f)  That the Resource, the uploading or downloading of the resource, and the use of the Resource does not infringe or violate the privacy rights of any third parties;

(g)  That the Resource 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

(h)  That the Resource 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 Resource 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 Resources that 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 Resources.
 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 Resource 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:
   

(a)  To communicate with other users or third parties regarding the Project, including without limitation, to bind all Project members with respect to the Project;

(b)  To make legally binding statements towards other users or third parties in the name of the Project; and

(c)  To contract with other users or third parties regarding any Resources created in connection with the Project, including by granting the Licenses to third parties in and to the Resource.
   
   
   
   
   
   

 

  

  

  

 

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.

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/license-builder when you use the License Builder.

You acknowledge and agree that all Licenses generated via the License Builder provide for a mandatory right to withdraw within 14 days of the Licensee, regardless whether the Licensee acts as a trader or consumer.

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.

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:

  1. IP Rights
    • 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.
    • You retain ownership or other rights of any Resources 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 Resources, the license rights granted by you to Wacom include, without limitation, the right to make copies of the Resources, to make the Resources available to the public, and to modify or adapt the Resources in order to reduce the size of Resources 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.
    • Any comments, feedback, requests, enhancements, suggestions, modifications, improvements, know-how (whether or not patentable), processes, designs, discoveries, works of authorship, inventions or ideas, whether provided orally, in writing, or any other form or media (“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 without restriction 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.
  2. Copyright Policy
    • Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Yuify Platform infringe your copyright, you may request removal of those materials (or access to them) from the Yuify Plaform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (" DMCA "), the written notice (the " DMCA Notice ") must include substantially the following:

Our designated copyright agent to receive DMCA Notices is:

[FIRST AND LAST NAME OF AGENT]
[NAME OF AGENT'S ORGANIZATION]
[PHYSICAL MAIL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]

PLEASE NOTE THAT FOR THE PURPOSES OF THE RESTRICTED BETA, THE DETAILS OF THIS AGENT ARE STILL TO BE DETERMINED, AND THEY WILL BE DETERMINED BY THE TIME THIS SERVICE IS LAUNCHED OFFICIALLY. THEREFORE, IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT TEST COORDINATER AVINAV KHANAL AT avinav.khanal@wacom.com.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

[Our designated agent to receive Counter Notices is:

 


[FIRST AND LAST NAME OF AGENT]
[NAME OF AGENT'S ORGANIZATION]
[PHYSICAL MAIL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]]

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Yuify Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

  1. Intellectual Property Infringement Notification Procedure
    • 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 refer to Section 4 above for details.
  2. Termination

Section 8 of the Terms shall apply to termination under the Yuify Platform Terms.

  1. Wacom Warranties; Disclaimer

Section 5 of the Terms shall apply to Wacom’s warranty or liability for the Yuify Services.

  1. Changes to Yuify Services and Terms
    • 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 8.1, 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.
    • 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.
    • Wacom has the right to revise and update the Yuify Platform Terms at any time, in Wacom’s sole discretion. Wacom will post a notice of the changes on the Wacom Sites (as defined in the Terms) and, if you provided us with an email address, email you a notice of the changes to the email address Wacom has on file. The changes will be effective 30 days after posting and emailing such notice. 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.
  2. Monitoring

We do not commit to reviewing any of Your Content (including any Resources) or the materials or content of any other user or third party (including any Resources), 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 Resources) 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.

  1. Miscellaneous
    • 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.
    • No Third Party Beneficiaries . There are no third party beneficiaries of any part of the Yuify Platform
    • 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.
    • 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.
    • 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
    • Governing Law; Venue.
      • These Terms will be governed by laws of the state of Oregon, USA, without giving effect to its conflict of laws provisions. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence outside of the USA at the time of registering, the application of mandatory legal provisions of the country of your habitual residence remain unaffected by this choice of law clause. Furthermore, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.
    • If you are an entrepreneur, public law entity or public law special fund, or give up your residency in the USA after these Terms are concluded, or if your whereabouts are unknown at the time of filing a lawsuit, the exclusive legal venue for any disputes arising out of or in connection with these Terms is the relevant jurisdiction state in 10.6.1 above.

Addendum A