Wacom Forum (“Wacom Forum or Forum”) is Wacom Europe GmbH’s (“Wacom”) official forum for private users to discuss Wacom Products and its Hardware and Software. Users of the service can publish own opinions or respond to contributions made by other Users. Participants may access the Forum and its content, subject to the limitations specified by Wacom. Participants shall hereafter be referred to as "Users".
Wacom Forum makes the Services available to Users only for their individual, personal and private use. The right to use the Services does not extend to use by or on behalf of any association, organization, corporation or other entity comprised of multiple persons unless a User has entered into a separate written agreement with Wacom explicitly providing the right to do so. Users are not permitted to assign or transfer any subscription or right to use the Services for any reason. Wacom reserves the right to refuse service to anyone at any time without notice for any reason.
All Users of the Services are required to register for access to and participation in the Forum. User's right to publish contributions in the Forum presupposes log-in with a user name and is limited as provided in the e-mail communication from Wacom Forum acknowledging User's right to use the Services or as provided in the web pages describing use of the Services. Wacom Forum might be offered by Wacom at a later time with a different purpose or with limited applications (e.g. to the exclusion of linking to other web pages or pictures) or not at all, as determined by Wacom in its sole discretion.
Information and Content
In order to exchange experiences with other Users about Wacom Products, User needs to submit written information to Wacom Forum and/or submit content (such as electronic files) by linking to other contents. User is aware that contributions will only be accepted in English and contributions or discussions in other languages will be removed from Wacom Forum. User is also aware that his contributions will be read by other Users and grants Wacom permission to handle the Content and to monitor the standards of an appropriate discussion between the Users. However, Wacom or Wacom Forum are not under any obligation to monitor content and take no responsibility for third-party content (including, without limitation, any viruses or other disabling features)
Wacom reserves the right at all times to remove or refuse to process or distribute any information or content provided in connection with the Services, such as information or content that violates this Agreement. Wacom also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Wacom Forum, its users and the public. Wacom will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
User is aware that Wacom may use the opinions expressed during the discussion in the Forum or proposals made by Users to develop new products or new software or improve currently existing products by Wacom. By posting the contribution to the Forum, User transfers all possibly generated rights without any limitation to Wacom free of charge. In case the rights are untransferable (e.g. moral rights such as the German Erfinderpersönlichkeits- or Urheberpersönlichkeitsrecht) the User declares that he will not exercise such rights, vis a vis Wacom. User is further aware that the contributions in the Forum do not create any obligation of Wacom to make use of these contributions.
Authority to Use Services
User represents and warrants that it has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder including having a valid license to use the software applications that generate Content and the right to submit the Content and Information in connection with the Services. Otherwise, User is not permitted to submit such Content or Information to Wacom Forum. In addition, User agrees not to use the Services in any manner that might imply Wacom Forum’s sponsorship, endorsement, certification or approval of Users or Content. User represents and warrants that it will not allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) in connection with the Services.
Security and Privacy
If the User has stated his email address in his profile, User may receive emails by other Users. These emails are sent to Recipients by the User and not by Wacom Forum. As a result, even though certain Recipients may have opted-out from receiving communications from Wacom, such Recipients may receive emails containing information sent by Users. As between Wacom Forum and User, User shall have sole responsibility for any and all personally identifiable information of Recipients used and submitted in connection with the Services (“Recipient Information”), and Wacom Forum shall have no responsibility in connection thereto. Users shall comply with all data protection and privacy laws and rules applicable to Recipient Information. User shall defend, indemnify, and hold harmless Wacom and Wacom Forum from any claim, suit or proceeding brought against Wacom or Wacom Forum by a Recipient in connection with any acts or omissions with regards to such Recipient’s Information.
Storage and Handling of Content and Information
In addition, Wacom and Wacom Forum have no responsibility or liability for the deletion or accuracy of Content, the failure to store, transmit or receive transmission of Content (whether or not processed by the Services), or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Users also acknowledge that Wacom and Wacom Forum retain the right to create reasonable limits on Wacom Forum 's use of the Content, such as limits on file size, storage space, processing capacity, and similar limitations described in the web pages accompanying the Services and as otherwise determined by Wacom or Wacom Forum in its sole discretion.
Termination of Services
Wacom may discontinue Services or include additional Services from time to time in its sole discretion and without prior notice. In addition, Wacom reserves the right, for any reason in its sole discretion without prior notice, to terminate a User account or access to the Services. With respect to the Service, the rights of all Users to access Content submitted by a User and processed by the Services shall terminate immediately upon termination of User's right to use the Services.
Destruction of Content and Information
Wacom and Wacom Forum may delete Information of a Recipient who has not accessed the Service for more than six (6) months. In any event, Wacom and/or Wacom Forum may delete Information of a Recipient who has not created a Wacom Forum ID within a reasonable period of time as determined by Wacom Forum in its sole discretion. Furthermore, Wacom will delete Information of a User upon such User’s request and will delete Information of a Recipient upon such Recipient’s request, except to the extent such Information of Recipient pertains to a currently-active Wacom Forum Recipient. In this case, the Users shall contact each other directly to request removal of Recipient’s Information from Wacom Forum.
Audit of Usage
As a feature of the Service, Wacom may choose to audit certain aspects of the usage of the Forum by Recipients, such as the opening and closing of discussions. By logging into and accessing Wacom Forum, Recipients acknowledge that such auditing might occur and agree that Wacom may perform such auditing as part of the Service.
Wacom may publish own information or opinions in the Forum or respond to contributions made by other Users.
Access to Services
Access to the Services requires use of a user identification and password. Users agree not to provide such user identification or password to any other party. Users agree to take reasonable security precautions to protect their user identification and password.
Indemnification, Disclaimer of warranties, Limitation of Liability
THE WACOM FORUM SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WACOM FORUM SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, PERFORMANCE OF THE WACOM FORUM SERVICE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY WARRANTY WHATSOEVER.
WACOM DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONTENT, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE WACOM FORUM SERVICE BY USERS.
WACOM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY PHOTOS, CONTENTS, INFORMATION OR OTHER MATERIAL.
WACOM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WACOM FORUM SERVICE AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WACOM FORUM SERVICE.
THE USER UNDERSTANDS AND AGREES THAT LINKING TO OTHER INTERNET ADDRESSES (UNIFORM RESOURCE LOCATORS, URL’S), DOWNLOAD OR OTHERWISE OBTAINED MATERIAL OR DATA THROUGH THE USE OF THE WACOM FORUM SERVICE IS AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE LINKING TO OTHER INTERNET ADDRESSES (UNIFORM RESOURCE LOCATORS, URL’S), DOWNLOAD OF SUCH MATERIAL OR DATA UNLESS THE DAMAGE IS BASED ON INTENT OR GROSS NEGLIGENCE OF WACOM. FOR SIMPLE NEGLIGENCE THE LIABILITY SHALL BE RESTRICTED TO DAMAGES ARISING FROM INJURIES TO LIFE, BODY OR HEALTH AND TO DAMAGES ARISING FROM THE VIOLATION OF A SUBSTANTIAL CONTRACTUAL OBLIGATION; HOWEVER IN THE LAST MENTIONED CASE THE LIABILITY SHALL BE LIMITED TO COMPENSATION FOR PREDICTABLE AND TYPICALLY INCURRED DAMAGES.
TO THE EXTENT THAT THE DAMAGE HAS BEEN EXCLUSIVELY OR SUBSTANTIALLY CAUSED BY THE USER, NO CLAIMS FOR DAMAGES SHALL EXIST.
THE ABOVE-MENTIONED LIMITATIONS DO ALSO APPLY IF WACOM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THE LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WACOM FORUM SERVICE, FROM INABILITY TO USE THE WACOM FORUM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WACOM FORUM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
Without limiting the foregoing, under no circumstances shall WACOM FORUM, Wacom or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Users may provide feedback to Wacom Forum on the Services (“Feedback”) by e-mailing Wacom Forum at email@example.com. Each User grants to Wacom a non-exclusive, perpetual, irrevocable, worldwide license to use any Feedback provided to Wacom Forum by such User in any way it pleases.
If the User is a merchant within the sense of the German Commercial Code, a legal entity of public law, or a public-law special fund, the exclusive place of jurisdiction, including international jurisdiction, for all direct or indirect disputes arising from the contractual relationship shall be Düsseldorf, Germany. However, Wacom shall also have the right to initiate proceedings in the general court of jurisdiction in the domicile of the User.