Yuify Platform Terms

Last Modified: October 2024

These Yuify Platform Terms (the “Yuify Platform Terms”) are additional terms that apply between You (both the individual and any single legal entity on behalf of which such individual is acting) (“You” or “Your”) and Wacom Co., Ltd., 2-510-1 Toyonodai, Kazo-shi, Saitama 349-1148, Japan ("Wacom") 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 below) provided by Wacom, 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 the 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 the 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 by 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 the Wacom privacy policy at https://www.wacom.com/privacy and Wacom’s privacy notice for the Yuify Services available at https://yuify.com/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 that: (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 to 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 obtained a valid Wacom ID; and
(c) 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 receive communications from Wacom in this manner, and further agree to: (i) keep Your email address up to date; and (ii) regularly check Your email address for communications from Wacom.
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 titled “Disclaimer” or “Disclaimers” 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 and redundant data archives, including of Your Resources and/or any Licenses (defined in the Section 2.5.2 below). While the Yuify Services may backup or create redundant data archives as part of their normal operation, the Yuify Services are not a data hosting 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, including of Your Resources and/or any Licenses. Section titled “Disclaimer” or “Disclaimers” of the Terms shall apply to Wacom’s obligation or liability under this Section.
2.1.3	Wacom does not charge You for Your access and use of the Yuify Services. However, if You agree to receive a paid license from another user this constitutes an obligation towards the user to pay the agreed license fee. Wacom reserves the right to introduce additional paid features of the Yuify Services in the future, in its discretion.
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 (https://yuify.com/supported-software).
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, including without limitation, the uploading or downloading of the Resource and the use of the Resource as contemplated herein, does not infringe, violate, or misappropriate the intellectual property rights or other proprietary rights of any third party, including any privacy rights, personality rights or rights of publicity; and (g) That the Resource does not include pornography, glorification of violence, content harmful to minors, extremist political views, or any other illegal or offensive 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.
2.4	Yuifinder.
2.4.1	The Yuify Services include functionality that allows users to inspect a Resource if it was previously registered with Yuify Services. If the Resource was previously registered with Yuify Services, the functionality, called “Yuifinder” will read out and display the record of a registered Resource. Such record may include information on the Resource’s author along with available licenses for the Resource, if any.
2.4.2	When using Yuifinder, You acknowledge and accept that Wacom has no influence whatsoever on (i) the Resource and does not check any aspect of the content of the Resource, and (ii) the information entered by the respective user in the course of registration using Yuify Services, which is then linked to the Resource. Furthermore, it is agreed by You that Wacom has no obligation and is not responsible for checking on the validity, accuracy, correctness, and truthfulness of the information entered by a user during the registration process of a Resource.
2.4.3	Therefore, Wacom also rejects any responsibility and liability for (i) the information that is part of the Resource’s record that is read out and displayed by Yuifinder, including but not limited to authorship, and (ii) conclusions drawn from the information read out and displayed by Yuifinder, including but not limited to the use of artificial intelligence or similar non-human input and/or addition to the Resource during its creation process by the respective user, protectability of the Resource under applicable copyright law, uniqueness of the Resource or if the Resource is a personal intellectual creation.
2.5	Licensing.
2.5.1	In selected countries Yuify Services include a functionality that offers assistance to users to grant or obtain licenses to Resources. If that functionality is available to You, the following additional provisions under Section 2.5 “Licensing” apply to You.
2.5.2	The Yuify Services include a functionality that assists users to grant or obtain licenses to Resources using the Yuify Services (the “License Builder”). If You grant a license (as “Licensor”) to a Resource to a license recipient (“Licensee”) using the Yuify Services (each a “License”), You agree as follows: (a) 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://yuify.com/license-builder-terms/) when You use the License Builder. (b) You acknowledge and agree that the Licenses generated via the License Builder are informational in nature and the License Builder is not intended to and shall not be used as legal advice. Wacom does not provide legal advice and 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 to the License nor does Wacom act as an agent for any of the parties to the License. Furthermore, Wacom does not verify (and shall have no obligation to verify) – and to the maximum extent permitted by applicable Law does not accept any liability for: (i) the actions, conduct or behavior of either the Licensee or the Licensor, including without limitation, whether or not the Licensee or the Licensor acts in good faith; or (ii) any information provided by a Licensee or a Licensor in connection with the License Builder, including without limitation, whether or not such information is accurate, complete or up to date
2.6	Interactions with Other Users; Restrictions on Use.
2.6.1	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 a Project; and (ii) any other users to whom You may grant or obtain a License with respect to a Resource 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 Resource, or any particular user’s rights in or ownership of a Resource or contribution to a Resource (including as to whether a particular Resource 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 Resource, 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: (a) 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 Resource. (b) For any Licenses in which the Licensee pays consideration in exchange for the license grant, such consideration will be paid: (i) where the Resource is not part of a Project, to the user who registered the Resource; and (ii) where the Resource 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 Licensee or a distribution from the Project owner in connection with a Resource 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, or otherwise terminate the License, where applicable.
2.6.2	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: (a) 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; (b) Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing”), publish or sell the Yuify Services and/or any Wacom Content; (c) Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Yuify Services, any Wacom Content, or any Wacom software; (d) Remove any copyright and/or other proprietary rights notices placed upon the Yuify Services, any Wacom Content, or any Resource; (e) 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; (f) Use the Yuify Services to execute denial of service attacks; (g) 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; (h) 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; (i) Use the Yuify Services to distribute political or religious advertising; (j) Text mine, data mine or harvest metadata from the Yuify Services; (k) Impair or overburden the Yuify Services or any servers or systems associated with the Yuify Services; (l) Impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (m) 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; (n) Use the Yuify Services in any manner that is fraudulent or deceptive; (o) 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; (p) Transmit or upload to the Yuify Services any content or materials, including any Resource, that, in whole or in part: (i) is inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized, as determined by 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. (q) 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 (r) 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.
2.6.3	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 to engage with other users, You agree to act in a professional and courteous manner. In particular, You agree that the communication tools may not be used for: (a) Stalking, insulting or threatening other persons; (b) Unlawfully disclosing personal data about third parties; (c) The distribution of hate speech, pornography, glorification of violence or content harmful to minors; (d) The distribution of political or religious advertising; (e) The arrangement or execution of illegal acts; (f) Advertising products and services not related to the Yuify Platform or the Yuify Services; (g) Spamming other users or advertising pyramid schemes; or (h) Deceptive or unethical conduct, including without limitation, in the case of a Licensee, deceiving the Licensor regarding the Licensee’s intention to pay an agreed license fee, or in the case of a Licensor, deceiving a Licensee regarding the Licensor’s rights in or willingness to grant a License to a particular Resource,
2.6.4	If Wacom becomes aware that a user has breached or violated any of the terms of this Section 2.6, Wacom may temporarily suspend or terminate the user account in accordance with the Terms, which shall be in addition to any other rights and/or remedies that Wacom may have under the Terms or the Yuify Platform Terms or otherwise at law or in equity.
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 to 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.
3.3	Any comments, feedback, requests, enhancements, suggestions, modifications, improvements, know-how (whether or not patentable), processes, 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 (limited to the duration of the respective right as defined by statutory law), 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.
4.	Intellectual Property Infringement Notification Procedure
4.1	Wacom respects third party intellectual property rights. If You believe that Your intellectual property rights have been infringed, please proceed as follows:
4.1.1	For “take down” requests, please send notices to Wacom in accordance with the procedures available at the following link: https://support.wacom.com/hc/en-us/requests/new?ticket_form_id=23819516879639.
4.1.2	Alternatively, You can contact Wacom at the following email address: ux@wacom.com. Wacom may take down any content in response to takedown notices and/or other intellectual property infringement claims (“Infringement Notice”). Upon receipt of an Infringement Notice, Wacom will reach out to the user who allegedly infringes the notifier’s rights and ask said user for a statement on the allegations. Subsequently, Wacom will inform the notifier and the user about our decision how we will react on the Infringement Notice.
4.2	Without prejudice to any other rights, claims or remedies that Wacom may have under Terms or Yuify Platform Terms or otherwise at law or in equity, it is Wacom’s policy to disable and/or terminate the accounts of users who are repeat infringers.
5.	Termination Section titled “Term or Termination” of the Terms shall apply to termination under the Yuify Platform Terms.
6.	Wacom Warranties; Disclaimer Section titled “Disclaimer” or “Disclaimers” 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 situations where the 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 7.1, 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 ("Terms Update"). Wacom will provide You not less than thirty (30) days’ prior notice of such Terms Update. Such notice will be provided by our posting a notice of the Terms Update 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 Terms Update, 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 7.3, Wacom shall have no liability of any kind to You with respect to any Terms Update or any adverse effects resulting from any such Terms Update.
8.	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 the performance or non-performance of the activities described in this Section 8.
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	Export Control and Sanctions Compliance Yuify Services may be subject to the export control and sanctions laws of various countries. Taking into account overall business risks, Yuify Services are not available for export, reexport, transfer and/or use in some countries or regions (subject to change without notice). If You are located in such a country or region, You will not be able to create a Wacom ID and/or access Yuify Platform and/or use Yuify Services. Furthermore, Yuify Services are not available to You, if You are an individual or if You represent an entity with whom transactions are prohibited under applicable export control and sanctions laws, including those listed on any applicable sanctioned party lists. Section titled “Use of Wacom Services and Wacom Sites” and Section titled “Term and Termination” of the Terms explicitly apply for circumstances with compliance requirements by export control and sanctions and provide Wacom respective rights to prevent issues or enforce compliance with export control and sanctions respectively.
9.6	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.
9.7	Governing Law; Venue.
9.7.1	The Yuify Platform Terms and all matters arising out of or relating to these Yuify Platform Terms will be governed by the internal laws of Japan without giving effect to any choice of law rule. In the event of any controversy, claim or dispute between the parties arising out of or relating to the Yuify Platform Terms, such controversy, claim or dispute may be adjudicated solely in the Tokyo District Court, located in Tokyo, Japan, and Wacom and You each hereby irrevocably consent to the jurisdiction and venue of such court.
9.7.2	The parties intend that the United Nations Convention on Contracts for the International Sale of Goods do not apply to the Yuify Platform Terms.
10.	Contact Us
	If you have any questions or concerns about these Yuify Platform Terms or the Yuify Services please contact us at: https://support.wacom.com/hc/en-us/sections/13393650144919-Wacom-Yuify-Beta or for any question or concern at: https://support.wacom.com.
11.	Regional Exceptions if You are located in the EU, Norway, Switzerland or United Kingdom
11.1	The following terms replace the respective provisions above if You are a consumer and have your habitual residence in one of the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and United Kingdom.
11.2	Governing Law; Venue. In addition to Section 9.7.1, the following applies: If you are a consumer and have your habitual residence outside of Germany at the time of registering, the application of mandatory legal provisions of the country of your habitual residence remains unaffected by this choice of law clause. If you are an entrepreneur, public law entity or public law special fund, or give up your residency in the countries listed in Section 11.1 after the Yuify Platform 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 the Yuify Platform Terms according to Section 9.7.1 applies.
11.3	Online Dispute Resolution. With Regulation (EU) No. 524/2013, the European Commission has created a platform for the alternative dispute resolution, which can be accessed, for example, at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11.4	Mediation for Business Users. Business users from UK may request to resolve a dispute arising with Wacom through mediation. The dispute may be referred by either party to the Centre for Effective Dispute Resolution (CEDR) (www.cedr.com), where CEDR will nominate a mediator.