Effective Date: December 8th, 2016
Seiko Epson Corporation
MOVERIO Apps Market User Agreement
Welcome to the MOVERIO Apps Market (the "Market").
This MOVERIO Apps Market User Agreement (this "Agreement") forms a legally binding contract between you and Epson (as defined below) in relation to your use of the Market. Please read this Agreement carefully. In order to use the Market, you must agree to this Agreement. You may not use the Market if you do not accept this Agreement, and your use of the Market shall constitute acceptance of this Agreement.
Epson may change, modify or otherwise alter this Agreement in its sole and absolute discretion at any time, with or without notice to you. The terms set forth in this Agreement are effective on December 8th, 2016. Click here to view previous versions of this Agreement. You must review this Agreement on a regular basis to keep yourself informed of any changes. Your use of the Market after any such changes have been made shall constitute acceptance of any such changes.
Article 1. Definitions
Epson's MOVERIO series smart glasses.
Any person or company who is registered and approved by Epson to distribute Product(s) via the Market.
Seiko Epson Corporation, a company which is organized and exists under the laws of Japan, having a principal place of business at 6925, Tazawa, Toyoshina, Azumino-shi, Nagano, Japan.
An additional function, release of restriction, digital item or other content which Developer sells to you for a fee via a Product.
Payment Processing Service:
The payment processing service provided by the Payment Service Provider that enables a User with a Payment Account to make a payment for a Product and/or In-app Item distributed by a Developer via the Market.
Payment Service Provider:
PayPal Pte. Ltd, having a principal place of business at Temasek Boulevard, #09-01 Suntec Tower 5, Singapore 038985.
A financial account issued by the Payment Service Provider to you that authorizes the Payment Service Provider to make payments on your behalf for Products purchased via the Market. To obtain a Payment Account, you must satisfy certain conditions separately determined by the Payment Service Provider.
Software, content and digital materials developed by Developers for the Devices and distributed via the Market, including In-app Items, enhancements, upgrades, updates, bug fixes, new versions, and other modifications and amendments.
User(s) or you:
Any person or company who downloads, installs and/or uses Products with Devices.
An account issued by Epson that enables a User to download and install Products from the Market.
Article 2. Registration of User Account
- You represent and warrant that you have the full right, power, and authority to enter into and fully perform your obligations under this Agreement, and to be bound by it.
- Use of the Market is only for individuals 13 years of age or older. If you are at least 13 years but under the legal age of majority in accordance with the laws of the country where you reside, you must obtain the consent of your parents, statutory agent, or legal guardian to enter into and fully perform this Agreement. You must not access the Market or accept this Agreement if you are legally prohibited from using any Products under the laws of the country where you reside or from which you access the Market. You must ensure that all Users of Products that you have obtained via the Market are no less than an age restriction prescribed in a User's Guide of Devices.
- If a User is a business or other legal entity and not an individual, the individual entering into this Agreement on User's behalf represents that he or she has all necessary legal authority to bind User to this Agreement. If you are using Product on behalf of a business, that business accepts this Agreement.
- If you wish to acquire a User Account, you may apply to Epson for a User Account by providing true and accurate information as specified by Epson ("Registration Information"). If Epson finds your Registration Information to be inaccurate or inappropriate, Epson shall have the right to decline your application. Epson shall not be liable for any damages incurred by you, and shall not be subject to any claim from you, for declining your application.
- You shall be responsible for keeping and maintaining your login ID, password offered by Epson and/or Registration Information in an appropriate and secure manner. You shall be, and Epson shall in no event be, liable for any damages arising out of your failure to keep and maintain your Registration Information in an appropriate and secure manner. You agree to accept responsibility for all activities that occur under your login ID or password.
- You shall promptly notify Epson of any change to your Registration Information.
- You shall not transfer or sell your User Account to any third party, or permit any third party to use your User Account.
- Epson reserves the right to terminate your User Account, without prior notification, in the event of any of the following, and Epson shall not be liable for any damages incurred by you, and shall not be subject to any claim from you, due to the termination of your User Account.
Termination of your User Account shall not release you from any of your obligations under this Agreement arising from your use of the Market.
Once your User Account is terminated, you are not entitled to download or install Product from the Market or to access your Registration Information.
You agree to accept notices from Epson by email, and also by posting on this web page with respect to notices of changes in this Agreement. Email notices from Epson intended for your receipt shall be deemed delivered and effective when sent by email by Epson to your email address submitted as a part of your Registration Information.
Your Registration Information and any other information you or your Device submit to Epson will be handled subject to the provisions of the User Privacy Statement.
- Your Registration Information contains falsified data;
- You violate (as determined by Epson in its sole discretion) the terms and conditions of this Agreement;
- Your parents, statutory agent or legal guardian requests Epson to terminate your User Account; or
- Any other reason that Epson determines, in its sole and absolute discretion, requires termination of your User Account to comply with applicable law, to protect Epson from liability or other adverse effect, or to protect other Users.
Article 3. Use of the Market
- The Market is owned by Epson and its content is copyrighted. Except for a limited, non-exclusive license granted by Epson to use the Market, nothing contained in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property right or confidential information of Epson.
- You shall use the Market in strict compliance with (i) this Agreement, (ii) the Software License Agreement for "MOVERIO Apps Market" software, (iii) any other agreement or Epson guidelines regarding the Market, and (iv) any and all applicable laws, rules and regulations, including without limitation, local laws, state laws, national laws, and international laws ("Laws").
- Use of the Market requires Internet access and "MOVERIO Apps Market" software that may require periodic updates, such as patches, bug fixes, and new versions. By using the Market, you agree to receive such updates. Epson makes no representation as to the operation of the Market or any Product with any third-party service. You are solely responsible for access or data fees from third parties (such as Internet service providers or mobile carriers) with respect to your use of any Product and the Market.
- Products on the Market may be subject to the export laws and other Laws of Japan, the United States, and the country where you reside. You must comply with all domestic and international export laws and regulations that apply to your download, installation and use of any Product. These Laws include restrictions on destinations, users and usage.
- You may not resell, copy or make any commercial use of the Market or its contents, including any Product listings, descriptions or prices. You many not use data mining, robots, or similar data gathering and extraction tools to collect data from the Market.
Article 4. Products on the Market
- The Products offered on the Market are the Products of the individual Developers identified in the Product offerings, and are distributed by such Developers via the Market. Epson maintains the Market as a service to facilitate such Product offerings, but Epson does not itself sell, license or otherwise offer any Products on the Market, except where Epson is itself expressly identified as the Developer of a Product. Except for such Products, (a) Products on the Market are neither endorsed nor recommended by Epson, and (b) Epson has no responsibility for monitoring or controlling the content of the Products. Epson is not responsible for updates, upgrades, or charges for Products assessed by Developers. Epson makes no representations regarding the quality, safety or suitability of any Product. You shall install and use the Products at your own risk.
- Developers shall be solely responsible for their Products. Customer support for Products is the sole responsibility of the applicable Developer. Epson does not provide customer support for Products on the Market, including where Epson is identified as the Developer. If you have any demands, complaints or claims about the Product, you must contact the applicable Developer. Epson encourages you to cease use of any Product promptly if you find that the Product includes inappropriate content.
- If you find any content of the Market or any content in any Products that you believe constitutes infringement of your copyright, please submit your complaint in English or Japanese at email@example.com. You must include all of the following items in your notice:
If your notice contains falsified or inaccurate information, you may be liable for such notice. If you have any uncertainty in your notice or your claim, Epson encourages you to seek legal advice before you submit such notice.
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity;
- Your name, address and e-mail address;
- The statement by you that you have a good faith belief that there is no legal basis for the use of the materials complained of; and
- The statement by you of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The agreement for your purchase and use of any Product is between you and the applicable Developer, and your purchase and use of any Product is subject to any additional terms and conditions of use, and privacy policies, which the Developer may provide in connection with the Product or Product offering on the Market. All licenses and warranties regarding the Products, if any, are made between you and the applicable Developers. Epson is not a party to any such agreement (except where Epson is the Developer), and Epson shall have no liability under any such agreement. Epson does not assume any responsibility or liability for the actions, Products and content of third-party Developers. You should carefully review their privacy statements and other terms and conditions of use.
- You agree and acknowledge that there is a possibility that use of a Product may link to third-party web sites. Epson has no control over the contents of any such web sites and makes no representation whatsoever regarding the content of any other web site. When you use these links, you will leave the Market. Epson does not endorse or have any responsibility for the content, information or materials contained in any third-party web site.
- Products may be removed or withdrawn from the Market at any time at Developer's or Epson's sole discretion. If Epson decides to remove a Product from the Market, Epson shall have no obligation to refund any purchase price you have paid for the Product. If you delete the Product from your Device and such Product is removed from the Market, you are not entitled to reinstall or use the Product again.
Article 5. Payment
- The price of the Products is determined at the applicable Developer's sole discretion. Some Products may be offered free of charge. Any terms that apply to purchased Products apply to free Products except with respect to payment issues. When you purchase a Product, your contract for the purchase and use of that item is between you and the applicable Developer, and is complete once you click the button to purchase. After such purchase, you will not be allowed to withdraw from the contract or obtain a refund of the purchase price.
- In order to purchase a Product, you must (i) acquire and maintain a valid Payment Account, and (ii) comply with the terms and conditions of such Payment Account separately provided by the Payment Service Provider.
- If Developer sets forth payment terms (including, but not limited to, terms of withdrawing from the contract or obtaining a refund of the purchase price) for In-app Items separately in the Developer's agreement regarding the Product between you and Developer, you shall comply with and purchase any In-app Items subject to such agreement.
- You shall be liable for all taxes imposed on your use and purchases on the Market.
- Except as set forth in Article 5.3, all payments through the Market will be processed by the Payment Service Provider. Whether you use the Payment Processing Service or not, Epson shall have no liability for any issues arising in relation to purchases of any Products by you on the Market from third-party Developers. In no event shall Epson obtain your credit card information and/or bank account information.
Article 6. User's Rights and Obligations
- The following acts are prohibited on the Market. If Epson determines that you have engaged in any of such prohibited acts, Epson reserves the right, in its sole and absolute discretion, to take any action without any notice to keep and maintain the operation of the Market, including but not limited to, termination of your User Account:
Epson shall not be liable for any disputes, suits, claims or damages that occur between and/or among you, third-party Developers and/or any other third party.
Epson encourages Users to interact with the Products and the Devices in a safe and responsible manner. You assume all risks inherent in the use of the Products and the Devices. Epson shall have no liability for, and you shall be solely responsible for, any direct, indirect, incidental, special, consequential or exemplary damages (including but not limited to bodily injury or damages to property) that are caused by you use of any Product or Device.
You should not use any Device or any Product in any manner which poses a risk of injury to yourself or others. Please follow all safety-related warnings and instructions provided with the Device or any Product, and only use a Product for the purpose for which it is offered, as stated by the applicable Developer. You acknowledge and agree that Products may include certain features and functions that could pose a risk of injury or damage if not used in a safe manner, including the following:
- Acts that violate the terms and conditions of this Agreement, or any applicable Laws;
- Acts against public order and good morals;
- Acts that infringe any intellectual property right, portrait rights, privacy rights, or other rights of any other Users, any third party, or Epson;
- Acts which constitute, aid, induce, or are linked to crimes, which includes but are not limited to gambling, obstruction of business, fraud, stalking and similar behavior;
- Acts linked to unauthorized access or misuse of a User's Registration Information including harvesting of personal data or identity theft;
- Use of the Market in any manner other than explicitly permitted herein;
- Acts linked to war, terrorism and other military acts, racial discrimination, religious persecution, human trafficking, prostitution, violence, brutality, and drug use;
- Acts that provide a crime group, anti-social force, or other similar person or entity with profit;
- Acts which may threaten to interrupt the operation of the Market;
- Acts that, directly or indirectly, facilitate acts listed in the preceding items; or
- Any other acts that are deemed by Epson to be inappropriate.
To the maximum extent permitted by law, you agree to defend, indemnify and hold Epson and Epson affiliates (including their respective directors, officers, employees and agents) harmless from and against any and all third-party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from your (a) use of the Market in violation of the terms and conditions of this Agreement or in violation of any applicable Laws, and (b) installation or use of any Product offered by any third-party Developer.
- Product may partially obscure or limit your view of your physical environment, or introduce visual information which does not contribute to the navigation of your physical environment. Such Products should not be used while moving (e.g., walking, running, biking, driving) or in any potentially hazardous use (e.g., operating machinery or tools, operating in an area where you may slip or fall, operating near an open flame or source of electric shock).
- Products may include features which could cause high-speed flashes of bright light. Users who are susceptible to adverse impacts from such light effects should not use such Products.
- Products should not be used near medical equipment, such as an implanted pacemaker or defibrillator, as this may cause electromagnetic interference with the medical equipment or cause the equipment to malfunction.
Article 7. No Warranty and Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MARKET IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EPSON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR ALL APPLICABLE LAWS, AND NON-INFRINGEMENT.
- YOUR USE OF THE MARKET AND ANY PRODUCTS OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MARKET IS AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPSON AND EPSON'S RESPECTIVE LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THAT ARISES FROM OR IN CONNECTION WITH THE USE OF THE MARKET OR THE PRODUCTS, WHETHER OR NOT EPSON OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- IN NO EVENT WILL EPSON'S LIABILITY HEREUNDER EXCEED $100. EPSON WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA OR CONTENT, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF ANY THEORY OF LIABILITY.
- YOU MAY NOT TAKE ANY ACTIONS OR MAKE CLAIMS OR PROCEED AGAINST EPSON UNLESS YOU COMMENCE SUCH ACTIONS OR MAKE CLAIMS OR FILE A SUIT WITHIN THE TWELVE-MONTH PERIOD AFTER YOU HAVE KNOWN OR SHOULD HAVE KNOWN OF THE FACTS CONSTITUTING THE BASIS FOR SUCH ACTION OR CLAIM. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO IMMEDIATELY DISMISS AND WITHDRAW ANY ACTION OR CLAIMS OR SUITS FILED AFTER THE EXPIRATION OF SAID TWELVE-MONTH PERIOD.
- THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Article 8. Modification, Stoppage, and Suspension of the Market
- Epson reserves all rights, in its sole and absolute discretion, to modify, temporarily halt or suspend the Market without prior notice to you or your permission, in the below circumstances. Epson shall not be liable for any damages incurred by you, and shall not be subject to any claim from you, due to the modification, stoppage or suspension of the Market.
Epson reserves all rights to terminate the Market without prior notice. Epson shall not be liable for any damages incurred by you, and shall not be subject to any claim from you, due to termination of the Market.
- Where servers undergo maintenance and updates or have trouble;
- Where telecommunication services are not provided by any entities and/or companies;
- Where the Market cannot be provided due to a force majeure, including but not limited to, an earthquake, tsunami, eruption, power outage (including scheduled outages, rolling blackouts or similar acts), fire, or other natural disaster. Epson shall be excused from performance under this Agreement to the extent that it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Epson; and/or
- Where Epson deems it necessary, in its sole and absolute discretion, to modify the content of the Market, or to temporarily halt or suspend the Market.
Article 9. Termination of this Agreement
- This Agreement will remain effective until terminated due to the causes as set out below:
- You have breached any provision of this Agreement;
- You cancel your User Account;
- Your User Account has been deleted by Epson;
- Epson decides, in its sole and absolute discretion, to no longer provide the Market; or
- Epson determines, in its sole and absolute discretion, to terminate this Agreement.
Article 10. General Provisions
- You agree that if Epson does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Epson has the benefit of under any applicable Laws), this will not be taken to be a formal waiver of Epson's rights and that those rights or remedies will still be available to Epson.
- If any term or provision of this Agreement is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms or provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the distribution of Product contemplated hereby is not affected in any manner materially adverse to any party.
- Nothing in this Agreement creates any legal relationship, such as principal-agent, partners, franchisor-franchisee, employer-employee, supplier-consumer or otherwise. You have no power or authority to bind Epson or to act on Epson's behalf.
- You shall not assign, transfer, grant security interests in or otherwise dispose of your rights and obligations under this Agreement without prior written consent of Epson.
- This Agreement and your relationship with Epson under this Agreement shall be governed by the laws of Japan, without regard to its conflict of laws provisions. Any dispute between the parties shall be subject to the exclusive jurisdiction of the courts located in Tokyo, Japan, provided that, if Epson is making a claim against you, Epson may elect to bring proceedings within the country where you have your domicile or residence (in the case of a business or other legal entity, business office or other office).
- For clarity, nothing in this Article 10 is intended to limit Epson's right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms and conditions of this Agreement. In the event of a conflict between the Japanese version of this Agreement and a version in a language other than Japanese, the Japanese version shall prevail and govern.
- Notwithstanding the expiration or termination of this Agreement, Article 4 and Article 6 through 10 and any other provisions which by their nature should survive, will remain in effect after termination or expiration hereof.