ScanNCutCanvas: Terms and Conditions of Service
Welcome to ScanNCutCanvas. This service is provided and licensed to you by Brother Industries Ltd., (“Brother”, “we” or “us”). We are a company incorporated in Japan, whose registered office is at 15-1 Naeshiro-cho, Mizuho-ku, Nagoya 467-8561, Japan.
These terms and conditions of service (“Terms of Service”) govern your access to, and use of, the Services and the Software (as such words are defined below) made available to you by or on behalf of Brother via the website at https://scanncutcanvas.brother.com/ (the “Website”).
Please read these Terms of Service carefully and make sure that you understand them before using or accessing the Services. You should print a copy of these Terms of Service or save them to your computer for future reference.
Before using the Services, you will be asked to agree to these Terms of Service by clicking on the accept button where indicated. By indicating your agreement to these Terms of Service, you agree to observe and comply with the Terms of Service and to be legally bound by them. If you do not wish to accept and be bound by the Terms of Service, please do not click the accept button and the registration process will not continue and you will not be able to use the Services and/or the Software.
We may amend these Terms of Service from time to time. Every time you wish to use the Services, please check these Terms of Service to ensure you understand the terms which will apply at that time. We will give you notice of any amendment in the notice section of your Online Account Page.
If you wish to contact us at any time in connection with these Terms of Service, please see our Contact Us page https://scanncutcanvas.brother.com/en/Contact.
In these Terms of Service, the following words shall have the meaning set out below:
- Content: means any pattern data uploaded or recorded or otherwise made available using, through or in connection with the Services by Brother or you;
- Brother Content: means a pattern data which Brother provides to you under the Services. Intellectual Property Rights of Brother Content shall be owned by Brother or its licensor;
- Your Content: means a pattern data which you create, edit or upload using the Service. Intellectual Property Rights of Your Content shall be owned by you or your licensor;
- Intellectual Property Rights: means copyright, rights in software, rights in databases, patents and rights in inventions, trade marks, rights in domain names, designs, know-how, trade secrets and other rights in confidential information, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world;
- Online Account Page: means the online account page for which you registered in order to use and access the Services and which is accessible on, or via, the website https://scanncutcanvas.brother.com/en/Home;
- Registration: any request or order placed or submitted by you in order to subscribe for the Services via the Website;
- Registered Information: means the user name, e-mail address, password, country/residence, birthday or such other details, in whatever form, issued to or selected by you from time to time, in order to enable you to access and use the Services;
- Services: means the editing, recording or any other functions related to ScanNCutCanvas made available or provided to you by or on behalf of Brother from time to time from or via the Website;
- Software: means any software and all associated documentation and other materials owned by Brother, or its licensors as the case may be, provided or otherwise made available to you for use in connection with any access to, or use of, the Services.
2 Registration Process
2.1 The Registration process begins by receiving an e-mail from us to confirm that you have a valid e-mail address, which requires you to click on the link in the e-mail and jump to our webpage and then to proceed to the registration page to create your Online Account Page. Our Registration process allows you to check and amend any errors before submitting your information to us. Please take the time to read and check your information at each page of the Registration process. The Registration process ends when you receive an e-mail confirming your new Online Account Page (“Register Confirmation”)
2.2 If you require any support or assistance in relation to the Services or require details of the support available from Brother, you can submit your request or otherwise contact us via the https://scanncutcanvas.brother.com/en/Contact
page on the Website.
3 Duration and Renewal of Services
3.1 We will begin to provide you the Services on the date of your Register Confirmation.
3.2 The renewal of Services may be noticed to you on your Online Account Page.
4 Grant of Licence
4.1 Subject to these Terms of Service, Brother hereby grants you a personal, non-exclusive, non-transferable, revocable licence, during the duration of this Agreement, to access and use the Services and the Software.
4.2 The Services and the Software are licensed, not sold, to you pursuant to, and solely for your use under and subject to these Terms of Service. Brother or its licensors as applicable retain all right, title, and interest relating to or embodied in the Services and/or the Software, including without limitation all Intellectual Property Rights relating thereto.
4.3 Brother reserves the right at its sole discretion, and with or without notice to you, to add or remove features or functions to or from the Services, or to provide programming fixes, enhancements, updates and upgrades, to the Software (collectively “Updates”). You agree that Brother has no obligation to provide you with Updates, or make available to you any subsequent versions of the Software. You acknowledge that Brother, in its sole discretion, may modify, discontinue or suspend your ability to use any version of the Software and/or the Services disable any Software you may already have accessed without any notice to you, for the purposes of repair, maintenance, improvement, and/or upgrade of any underlying technology.
4.4 In order to use the Services, you must meet certain minimum system requirements, as specified and published by Brother on the Website, which include, but are not limited to, having access to the Internet, in order for certain features of the Services to function properly.
5 Restrictions on use
5.1 Your access to and use of the Services is subject to your compliance with the provisions of these Terms of Services.
5.2 You agree not to decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code of the Software or the data created by using the Services.
5.4 The Software contains certain third party open source software which is made available to you subject to the terms of conditions of the specific licence under which the relevant third party software is distributed or provided. You agree to comply with the terms and conditions of such licence in respect of your use of the Software.
6 Brother Content
6.1 The copyright notice of Brother Content which Brother's licensor owns Intellectual Property Rights in is clearly listed on the Website (hereinafter such Brother Content is referred to as “Brother's Licensor Content”).
6.2 You may use and edit Brother Content for the sole purpose of cutting paper, fabric and other materials using Brother's cutting machine (including drawing Brother Content on such materials with an optional accessory pen). Notwithstanding the above, you may not edit some of Brother's Licensor Content for any purpose. The edit function of such content will not appear and will not be available on the Website and/or the Service.
6.3 You are prohibited from assigning, selling, renting, distributing or otherwise transferring for a profit hand-made craftwork items (including cut-out patterns made according to clause 6.2 and hand-made craftwork items using such cut-out patterns) using Brother's Licensor Content which is designated for non-commercial use only on the Website and/or the Service. You may assign, sell, rent, distribute or otherwise transfer for a profit hand-made craftwork items (including cut-out patterns made according to clause 6.2 and hand-made craftwork items using such cut-out patterns) using Brother Content, excluding Brother's Licensor Content which is designated for non-commercial use only on the Website and/or the Service.
6.4 With respect to all Brother Content, you hereby agree:
- (a) not to use or edit Brother Content for any purpose other than the purpose as provided in clause 6.2;
- (b) not to assign, sell, rent, distribute, sublicense or otherwise transfer Brother Content itself;
- (c) not to decompile, disassemble, reverse engineer or translate Brother Content.
7 Your Obligations in respect of the Services
7.1 You warrant that you will:
- (a) comply with all applicable laws, regulations and codes of practice with respect to your use of the Services and/or the Software;
- (b) not use the Services and/or the Software in a way which is unlawful, defamatory, obscene, indecent, offensive or threatening or which infringes the Intellectual Property Rights of any third party; and
- (c) not distribute or transmit any viruses, worms, Trojan horses or any other technologically harmful data, programs or software through, via or using the Services.
7.2 You must keep your Registered Information confidential and secure. You are solely responsible for all activity occurring under or using your Registered Information. You may not assign your Account to any third party.
7.3 Brother has no obligation or responsibility in respect of the use, distribution, disclosure or management of your Registered Information. Brother will not be liable for any loss or damage that you may incur as a result of someone else using your Registered Information, either with or without your knowledge.
7.4 You must inform us immediately in writing of any loss, misuse or unauthorised use of your Registered Information.
8 Your Content
8.1 You hereby agree that Brother may, for the purpose of providing and enhancing the Services (including the system maintenance and the development of new products/services), host, cache, record, copy, display, transmit, upload, transfer, download and record your Content or collect your usage data of the Services (which cannot be used to identify you) for the statistical analysis. Brother will not use the Contents created by you for commercial purposes such as lending, licensing or selling such Contents to a third party.
8.2 You will not upload or record any of your Content that:
- (a) infringes or would infringe any third party Intellectual Property Rights or any rights to privacy;
- (b) does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity;
- (c) you do not have the necessary rights, consents and permissions to do so;
- (d) contains corrupted files, time bombs, Trojan horses, viruses, worms or any other technologically harmful data, programs or software; or
- (e) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
8.3 We reserve the right to remove any Content without notice if we receive notice that, or if in our opinion, such Content does not comply with the provisions of clause 8.2 set out above.
8.4 We also have the right to disclose your identity to any third party who claims that any of your Content is unlawful, untrue or defamatory, or constitutes a violation of their Intellectual Property Rights, or of their right to privacy, or is in breach of any legal duty owed to that third party.
8.5 You warrant that you are the owner or licensee of any Content you publish, upload or otherwise distribute in connection with the Services.
9 No Liability for Content
9.1 Brother does not monitors, screens, verifies or endorses any Content. To the fullest extent permitted by applicable law, Brother shall not be responsible or liable for any Content, including without limitation any:
- (a) Content that is uploaded, recorded or held by you in connection with the Services
- (b) access to or alteration of Content by you;
- (c) Content which is defamatory, illegal, obscene, offensive or threatening;
- (d) Content which infringes any third party rights, including without limitation any Intellectual Property Rights, rights of confidentiality or rights to privacy;
- (e) Content which does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity; or
- (f) Content which contains corrupted files, time bombs, Trojan horses, viruses, worms or any other technologically harmful data, programs or software.
9.2 To the fullest extent permitted by applicable law, Brother shall not be responsible or liable for any loss, deletion or corruption of any Content which may arise out of or in connection with your access to or use of the Services and/or the Software.
10 Termination of Services
10.1 Without prejudice to any other rights or remedies to which we may be entitled, we may terminate or suspend your access or use of the Services and the Software immediately without liability if you commit a material breach of any of the Terms of Service and (if such a breach is remediable) fail to remedy that breach within 30 days of being notified of the breach on your Online Account Page.
10.2 We further reserve the right to terminate your use of the Services and the Software when, in our sole discretion, we decide to discontinue the Services for any reason, without prior notice, or any notice to you.
11 Consequences of Termination
11.1 Upon termination or expiry of the Services for any reason in accordance with these Terms of Service, you must immediately cease using the Services and the Software.
11.2 Your rights to access any and all Content submitted to or accessed by you in connection with the Services shall terminate immediately upon termination or expiry of the Services in accordance with these Terms of Service and Brother reserves the right to delete any such Content (or any other data files connected with your use of the Services) which may be in Brother’s possession or control.
12 No Warranty
12.1 The Services and the Software are provided “as is” and notwithstanding any other provision of these Terms of Service, we do not warrant that:
- (a) any use of the Services and/or the Software by you will be available or error-free;
- (b) any use of the Services and/or the Software by you will not infringe the Intellectual Property Rights of any third party; or
- (c) the Software is free from defects, viruses, Trojan horses, worms or other technologically harmful material.
12.2 Save as expressly set out in these Terms of Service all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law (including any implied warranties or conditions of satisfactory quality and fitness for a particular purpose) are, to the fullest extent permitted by applicable law, excluded from these Terms of Service.
12.3 Brother shall not have any liability for your inability to connect to or to access the Services or Software which may result from any faults, errors or problems relating to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem.
13 Our liability
13.1 Subject to clause 8, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with your access to or use of (or inability to use) the Services and/or the Software for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill;
- (f) pure economic loss; or
- (g) any indirect or consequential loss.
13.2 Your access and use of any third party open source software contained or included in the Software is subject to additional limitations and exclusions pursuant to their own terms and conditions.
14.1 You shall indemnify Brother and hold them harmless against any claims, actions, proceedings, losses, damages, expenses, costs (including any legal and other professional fees), fines and penalties arising out of or in connection with:
- (a) any use of the Service and/or the Software by you not in accordance with these Terms of Service;
- (b) any breach by you of your obligations under clause 5, clause 6, clause 7 and/or clause 8 of these Terms of Service;
- (c) any Content which you may upload or record in connection with your use of the Services; and
- (d) any claims, actions, complaints or other proceedings which may be brought or threatened to be brought against Brother by any third party as a result of your use of the Services and/or the Software.
15 Data Collection
15.1 Brother Industries, Ltd respects your privacy and will not collect your personal data through your use of the Services and/or the Software without your prior approval except as otherwise described in the Terms of Service.
15.2 Brother will require you to enter your e-mail address during the Registration. All e-mail address will be encrypted and recorded in our server, and will only be used by Brother’s employees or third party contractors (who are obliged to protect the data with at least the same level of obligation with that of the Brother employees) who need to access the data for the processing (such as resetting your password or providing the system maintenance) in order to provide you the Services.
15.5 The Software uses third party web analytics services (“Web Analytics Services”) such as Google Analytics (provided by Google, Inc.) and Woopra (provided by Woopra, Inc.). Web Analytics Services collect traffic data using a cookie. The data collected is used to analyze and help us understand how you use the Software, and to improve Brother’s website, products and services (“Purpose”). By using the Web Analytics Services, Brother, Google Inc. and Woopra Inc. collect non-personally identifiable information such as your web browser, device type, region, and how you use the Software. Brother will only use the information for the Purpose. For more information about how Google Inc. and Woopra Inc. handle your information, please see the following websites.
Google Analytics: http://www.google.com/policies/privacy/partners/
16 Force Majeure
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in relation to the Services and/or the Software that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private transport, activities of hackers, malicious conduct, failure or interruption of any public or private telecommunications networks, power failures or interruption, or failures of any third party service providers (including providers of Internet services and telecommunications).
17 Export Controls
Certain software, and related documentation or technical information, available through the Service, including, but not limited to, the Software, is subject to applicable laws and regulations of the United States pertaining to export controls. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
18.1 We may assign, delegate, sub-contract or transfer any of our rights and/or obligations under these Terms of Service to any third party.
18.2 Each of the provisions of these Terms of Service operates separately. If any court, relevant authority or other administrative body of competent jurisdiction decides that any of the provisions in these Terms of Service (or part-provision) is unlawful, unenforceable or invalid, the remaining provisions will remain in full force and effect. If any unlawful, unenforceable or invalid provision would be legal, enforceable or valid if some part of it were deleted, the provision shall apply with whatever modification is necessary to make it legal, enforceable or valid.
18.3 If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so by notifying your Online Account Page, and that will not mean that we will automatically waive any later default by you.
18.4 Nothing in these Terms of Service is intended to or shall operate to create a partnership between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any.
19 Entire Agreement
19.1 These Terms of Service constitute the entire agreement between you and us and supersede, replace and extinguish any previous arrangement, understanding or agreement between us relating to the subject matter they cover.
19.2 You acknowledge that you have not relied on any statement, promise, warranty or representation made or given by or on behalf of us which is not set out in these Terms of Service. Nothing in this clause shall exclude or limit any liability for fraud or fraudulent misrepresentation.
20 Governing Law
These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by and construed in accordance with Japanese law. The courts of Nagoya, Japan shall have exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Terms of Service.
Terms of Service Last Updated: Sep 27, 2017