Effective Date: June, 6, 2014
Seiko Epson Corporation
MOVERIO Apps Market User Agreement
Welcome to Moverio Apps Market ("Market").
This agreement ("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.
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 below terms are effective on June 6, 2014. You must review this Agreement on a regular basis to keep yourself updated of any changes. By using the Market after any changes have been made, you are deemed to agree to comply with, and to be bound by, the modified Agreement and all such changes.
Epson's smart glasses, MOVERIO series.
Any person or company who is registered by Epson to distribute Product on 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.
Payment Service Provider:
PayPal Pte. Ltd, having a principal place of business at Temasek Boulevard, #09-01 Suntec Tower 5, Singapore 038985, that provides a payment processing service that enables a User with a Payment Account to pay for the Product distributed via the Market.
A financial account issued by the Payment Service Provider to you that authorizes the Payment Service Provider to collect and remit payments on User's behalf for Product sold via the Market. To obtain a Payment Account, you shall satisfy certain conditions separately determined by Payment Service Provider.
Software, content and digital materials developed by Developers for the Devices and distributed via the Market, including their enhancements, upgrades, updates, bug fixes, new versions, other modifications and amendments.
User(s) or you:
Any person or company who installs and uses the Product with Devices. Users must be at least 13 years of age or older to use Products on the Market.
An account issued by Epson that enables User to install the Product 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 this Agreement.
- 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.
- 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 manner. You shall be, and Epson shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of Registration Information by a third party.
- You shall promptly notify Epson of any change to the Registration Information.
- You shall not transfer or sell your User Account to any third party. However, you may allow a third party to use your User Account, provided that you (i) ensure that all such users agree and are bound by the terms and conditions of this Agreement, and (ii) indemnify and hold harmless Epson against all damages, losses, costs, expenses and liabilities which Epson may incur as a consequence of such users' use. By using the Market, such users shall be deemed to agree with the terms and conditions of this Agreement.
- Epson reserves the right to terminate your User Account, without prior notification, in the event of any of the following. 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 of all your obligations arising from your use of the Market.
Once your User Account is terminated, you are not entitled to install Product from the Market or access your Registration Information.
You agree to accept notices from Epson by 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 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.
- Registration Information that contains falsified data;
- You violate or are deemed by Epson to violate the terms and conditions of this Agreement;
- Your parents, statutory agent or legal guardian requests Epson to terminate your User Account; and
- Any other reasons that Epson finds, in its sole and absolute discretion, requires termination of your User Account.
Article 3. Use of the Market
- The Market is owned by Epson and its content is copyrighted. Except 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) Software License Agreement for "MOVERIO Apps Market" software, (iii) any other agreement or 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, new versions, etc. By using the Market, you agree to receive such updates. Epson makes no representation as to the operation of the Market and Product with any third-party service. You are solely responsible for access or data fees from third parties (such as Internet provider or mobile carrier) for your use of the Product and the Market.
- Product on the Market may be subject to the export laws and other Laws of Japan, United States and the country where you reside. You must comply with all domestic and international export laws and regulations that apply to your use of the Product. These Laws include restrictions on destinations, users and usage.
Article 4. Product on the Market
- Products are distributed by Developers on the Market. Products on the Market are neither endorsed nor recommended by Epson. Epson makes no representations regarding the quality, safety or suitability of any Product and has no responsibility for monitoring or controlling the contents of the Product. Epson is not responsible for updates, upgrades, or charges for Products assessed by Developers. You shall install and use the Product at your own risk.
- Developers shall be solely responsible for the Product. Customer support for Products is the sole responsibility of the Developer. Epson does not provide customer support for Products on the Market. If you have any demands, complaints or claims about the Product, you must contact the Developer. Epson encourages you to stop your use of the Product promptly once you have found Product includes inappropriate content.
- If you find any contents on the Market or in any Products that you believe constitutes infringement of your copyright, please submit your complaint in English or Japanese at firstname.lastname@example.org. You shall 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 this 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.
- All licenses and warranties regarding the Product, if any, are made between you and the Developers. You shall use the Product subject to the Developers' license terms.
- You hereby agree that there is a possibility that use of the Product may link to third-party web sites. Epson has no control over the contents of any other web site 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 return the purchase price. 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
- Price of the Product is determined at 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 complete once you click the button to purchase and you will not be allowed to withdraw from the contract or obtain a refund of the purchase price.
- In order to purchase the Product, you must (i) acquire and maintain a valid Payment Account, and (ii) comply with terms and conditions separately provided by the Payment Service Provider.
- You shall be liable for all taxes imposed on your use and purchases on the Market.
- All payments through the Market will be processed by the Payment Service Provider. 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, at 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 trouble that occurs between and/or among you, Developers and any third party.
Epson encourages Users to interact with the Product and the Device in a safe and responsible manner. When wearing the Device, consider the following to avoid the possibility of bodily injury or damage to property:
- 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, 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 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;
- 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 those 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 use of the Market in violation of the terms and conditions of this Agreement or violation of any applicable Laws.
- Do not use a Product that requires use of a Device in a way that poses a risk of injury to you or to others. Products should never interfere with your safety.
- When using a Product, consider carefully the visual display and usage parameters so the content does not obscure your field of view to create a safety hazard.
- Do not use a Product that requires the user to run, jump, bicycle, drive a car or other vehicle, or engage in other sports activities while wearing a Device. If the Product requires you to move around or operate machinery, be sure the Product does not distract you from awareness of your physical environment.
- Do not use a Product that requires you to wear a Device in locations where you may slip or fall, such as on stairs or on uneven surfaces, etc.
- Do not use a Product that would cause you to operate equipment or use tools which pose a danger when wearing a Device.
- Do not use a Product that promotes use of a Device near hot surfaces, while cooking, or near an open fire.
- Do not use a Product which includes high speed flashes of bright light or any other effect which adversely impacts your eyes or brain function.
- Do not use a Product that requires use of a Device next to 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.
- Devices are not recommended for use by children under 13 years of age.
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 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 DIRECT, 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, 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 THE AGGREGATE AMOUNT PAID BY YOU TO EPSON THROUGH THE MARKET FOR THE TWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. 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.
Article 8. Modification, Stoppage, and Suspension of the Market
- Epson reserves all rights, at 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
- 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.
- Upon the expiration or the termination of this Agreement, you shall promptly destroy, permanently erase and/or delete any and all confidential information related to the Market disclosed by Epson, if any.
Article 10. General Provisions
- This Agreement constitutes the whole legal agreement between you and Epson and governs your use of the Market, and completely replaces any prior agreements between you and Epson in relation to the Market.
- 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 law's 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.