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About this Community
The Wacom Community was created by Wacom to show our dedication to the creative members of Asia Pacific. The mission of this Community is to provide a space for people from multiple disciplines, countries, and cultures in Asia Pacific to share their artwork, exchange ideas, inspire each other, learn from each other, and to support each other in their pursuit of a lifestyle full of creativity.
Because of the nature of this Community, the Community depends on the support and cooperation of its participants in maintaining a friendly, beneficial space for all participants of all ages. Wacom will do its utmost to protect the Community by filtering inappropriate content and content that infringes or violates third party rights such as copyrights, trademarks, publicity and privacy. Participants agree not to submit any material that is inappropriate or in violation of any third party rights (see below for details). However, please understand that we are human and from time to time such material may escape our attention. We ask for your cooperation in reporting Abuse of this Community whenever it comes to your attention.
Please note that this Community site is intended for non-commercial use by visitors to the site. Wacom reserves the right to use this Community and its contests for promotion and marketing purposes. Please read Wacom's Submission Agreement written below, Terms & Conditions and Privacy Policy for more information.
The staff of the Wacom Community, warmly invites you to contact us with your comments and opinions, artwork and ideas, or just to say hi. Our ears (and inboxes) are always open!
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Privacy Policy Pertaining to the Wacom Community
The Community section of Wacom's websites is governed by Wacom's Privacy Policy and the stipulations laid out in Terms & Conditions. If you do not agree to these policies, we ask that you kindly refrain from using this site.
Personal data collected by Wacom in the Community is governed by Wacom's Privacy Policy. Information that will be displayed in the Community Gallery and Contest sections are: (1) Title of the work submitted, (2) Name (the use of a Pen name or Nickname is recommended to protect your privacy), (3) Country, and the following optional information: (4) URL and (5) comments. Please note that accounts created by Community Gallery or Contest Submissions may be deleted only after all submitted artwork has been deleted. Wacom encourages you and your children to exercise caution when sharing any personal information on the internet. Please note that Wacom does not sell, rent or market Personal Data about you to third parties.
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Contest Rules:
Participants in any Contest on this site agree to the Contest Rules upon submission of their entry. Please read before submitting.
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Wacom Community Submission Agreement
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| 1. General |
| 1.1 |
This Agreement governs all Submissions to the Wacom Community ("Community") including Contests and the Community Gallery through forms, email, or other means of transmission. |
| 1.2 |
"Submission" is defined as any material submitted by a User to be displayed on this website, including text, images, video, photography, sound, and other materials. |
| 1.3 |
"Content" is defined as all material displayed on this website including Submissions. |
| 1.4 |
Wacom reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published in the Community. Your continued use of the Community constitutes binding acceptance of these terms and conditions including any changes or modifications made by Wacom as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately delete all uploaded Submissions in the Community Gallery, delete your user account, and cease use of the Community. |
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2. Rules of Conduct
You warrant and represent that your Submission abides by the following rules. |
| 2.1 |
Copyright Infringement. Your Submission is original, unpublished and truthful in all respects; does not infringe or violate any third party rights including but not limited to the rights of copyright, trademark, privacy and publicity. The use of copyrighted material in the Submission without the express, written permission by the copyright holder constitutes a form of copyright infringement. |
| 2.2.1 |
Inappropriate Submissions. Your Submission is not infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation |
| 2.2.2 |
Nudity, eroticism, and other sexually suggestive content. While Wacom recognizes that nudity has been a form of artistic expression for many centuries and is central to artistic development, Wacom reserves the right to not upload Submissions with content that contains nudity, erotic or sexually suggestive material at its sole discretion. |
| 2.2.3 |
Violence. While Wacom recognizes that many works of art both in contemporary and classical contain acts of violence, or acts suggestive of violence, Wacom reserves the right not to upload Submissions with content that contains violence or acts suggestive of violence. |
| 2.3 |
Download of Content. The download of any and all Content including third party Submissions by users must be for personal, non-commercial use. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any Content unless stated otherwise. |
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| 3. Ownership and Copyrights |
| 3.1 |
Articles, Interviews, and other non-Community Gallery Submissions
The copyright of all Content, including Content submitted by users, published in the Community shall become the property of Wacom Co., Ltd., and Wacom shall retain the right to use the Content in part or in whole in the marketing, promotion, advertisement, etc. of Wacom products and the Wacom website including the Wacom Community in perpetuity unless prior agreement has been made with Wacom. |
| 3.2 |
Community Gallery Submissions.
In the case of Community Gallery Submissions, ownership and copyright shall remain with the original Creator, defined as the owner of the email address under which the Submission was uploaded unless proven otherwise. However, you agree to grant Wacom the right to use the Submission as stated below in article (3.4). |
| 3.3 |
Disclaimer. By choosing to submit your original artwork to this site, you warrant and represent that you do so with the knowledge of the risks involved in displaying Content on the internet and that these risk may include but are not limited to theft and plagiarism of images and text. Wacom at no time condones the improper usage of any Content including Submission, and will pursue legal action at its sole discretion. |
| 3.4 |
Right (License) to Use Submissions to the Community Gallery.
You hereby grant Wacom the right and license to use your Submission for as long as the Submission remains in the Community Gallery for the creation of promotional, marketing, advertising, etc. material ("Promotional Material") related to Wacom, this website, and Wacom products so long as this does not involve the direct sale of your Submission. Deletion of your Submission terminates Wacom's right to use for all Promotional Material created after deletion, however, you grant Wacom the right to continued use of your Submission for all Promotional Material created prior to deletion. Wacom shall be required to request permission to use Submissions that have been deleted prior to use. Wacom will make due effort to notify the owner of the Submission and provide credit whenever possible, but is not required to do so, and does so at its sole discretion. (Please see Contest Rules for special regulations concerning Contest entries.) |
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| 4. Managing Content and Abuse |
| 4.1 |
Abuse of the Community. Failure to abide by this Submission Agreement or any other terms and conditions that apply to the Wacom website including but not limited to article (2), Rules of Conduct, shall constitute an Abuse of the Community. Repeated Abuse of the Community shall result in the deletion of artwork from the Community Galleries, prohibition from Contest participation, deletion of account, legal action, and other action as required. |
| 4.2 |
Wacom assumes no responsibility nor liability with respect to Submissions posted by users and will fully cooperate with any law enforcement authorities or any court order requesting or directing Wacom to disclose the identity of anyone posting or transmitting any information or materials in article (2). |
| 4.3 |
Monitoring andDeletion of Submissions. Wacom reserves the right not to upload and the right to delete any material that constitutes an Abuse of the policies that govern this site. However, Wacom is under no obligation to modify or remove any Content including Submissions, and chooses to do so under its sole discretion. Regarding Submissions to the Community Gallery, Wacom reserves the right to monitor and approve any and all Submissions before they are published as prevention against material that constitutes Abuse. You understand and acknowledge that your Submission will be uploaded within a few hours, but that due to nights, weekends, holidays, and other unforeseen circumstances, in some cases your Submission may take longer to upload. |
| 4.4 |
Notification. Wacom is under no obligation to, but will make the effort notify you if your Submission has been deemed to contain inappropriate or copyrighted material. You will be encouraged to make necessary adjustments and resubmit. If you cannot be contacted for any reason, article (4.3) shall apply. Wacom will not edit or alter Submissions to the Community Gallery includingtext as well as images without your permission. |
| 4.5 |
Claims of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide Wacom with a Notice containing the following elements: |
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a. |
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed. |
| b. |
A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed. |
| c. |
A description of the location of the infringing material in the Community. |
| d. |
Information for allowing Wacom to contact you including physical address, telephone number and email address. |
| e. |
A written statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law. |
| f. |
A statement by you that the information in your Notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf. |
| 4.6 |
Reporting Abuse. In order to maintain a safe and responsible Community, we ask for your cooperation in reporting any material which may constitute an Abuse of this Agreement. |
| 4.7 |
Termination of Content. Wacom reserves the right to terminate Community Galleries, Contests, or any other Content in the Community at any time at its sole discretion without notice or liability. |
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| 5. Contest Submissions |
| 5.1 |
ContestSubmissions may be subject to additional regulations; please read the Contest Rules thoroughly before submitting. |
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| 6. LIABILITY, INDEMNITY, Etc. |
| 6.1 |
EXCLUSION OF LIABILITY.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL Wacom, ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, SUBSIDIARIES, AGENTS, PARTNERS, DISTRIBUTORS, RESELLERS OR SUPPLIERS (COLLECTIVELY, "Wacom PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, LOSS PROFIT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF Wacom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
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| 6.2 |
INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Wacom PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED BY ANY Wacom PARTY IN CONNECTION WITH ANY USE OR ALLEGED USE OF THIS COMMUNITY INCLUDING BUT NOT LIMITED TO THE IMPROPER USE BY THIRD PARTIES OF YOUR SUBMISSION. Wacom RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH Wacom's DEFENSE OF SUCH CLAIM. |
| 6.3 |
No Endorsement. Wacom does not represent or endorse the accuracy or reliability of any Submission to the Community Gallery or anywhere else in the Community, and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Submission are the views of the user who submitted and do not represent the views of Wacom. |
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| 7. Governing Law |
| This Agreement will be governed and construed in accordance with the laws of Japan without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Wacom's failure to act with respect to a breach by you does not waive Wacom's right to act with respect to subsequent breaches. |
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| 8. Entire Agreement |
| This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter of this Agreement. I am authorized to, and do, agree to the terms and conditions of the Wacom Community Submission Agreement. |
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