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Terms

Last Updated: March 31, 2017

TERMS OF USE

SOFTBANK ROBOTICS AMERICA, INC.

These Terms of Use (the "Terms of Use") sets forth the agreement between SoftBank Robotics America, Inc. (“SBRA”) and each user ("you") governing your use of SBRA’s products and services, including applications and online functions of multimedia products, websites and mobile sites (collectively, the “Sites”), servers, software and the framework through which these products and services are provided (altogether, the "Services").

By using the Services, you agree to be bound by the Terms of Use. The Services (including the Sites) are the property of SoftBank Robotics America, Inc. (“SBRA”) and its licensors. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE SERVICES.

SBRA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use for changes or updates.

SBRA may change any features of the Services, including any products or services offered on the Sites, or prices for any such products or services, at any time, without notice. Information on products and services available on the Sites may be out of date, and SBRA makes no commitment to keep them updated.

Use of This Service

You may not use the Services if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Services only with involvement of a parent or legal guardian.

You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes on the rights of SBRA or others.

As long as you comply with these Terms of Use, SBRA grants you a personal, non-exclusive, non-commercial, non-transferable, limited license to enter, use, perform, and display the Services. You agree not to interrupt or attempt to interrupt the operation of the Services in any way

Privacy

SBRA’s Privacy Policy applies to the use of the Services, and its terms are incorporated into these Terms of Use by reference. To view SBRA’s Privacy Policy, click here.

Intellectual Property

You acknowledge that all designs, graphics, text, user interfaces, pictures, trademarks, logos, sounds, music, artwork, software and other content contained on the Services and the arrangement, structure, selection and “look and feel” thereof (collectively, “Content”), are the property of SBRA, its parent company, its affiliates or its licensors, and are subject to and protected by United States and international trademark, copyright, patent, and other intellectual property laws and rights. You will not obtain any ownership interest in the Content through these Terms of Use or otherwise. All rights to Content not expressly granted in these Terms of Use are reserved to their respective owners. Except as specifically permitted by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of or otherwise use any of the Content in any form or by any means, without the prior written authorization of the copyright owner.

Without limiting the foregoing, except as otherwise set forth in these Terms of Use, if you do use any Content we provide to create any derivative content, software, or other works (“Derivative Works”), you hereby grant to SBRA a perpetual, irrevocable, unlimited, worldwide, fully paid up, freely transferable and sub-licensable license to copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative content of, or otherwise use the Derivative Works, by any and all manner, method and process and in any and all media now known or hereafter devised.

The SoftBank Robotics and Pepper logos and other trademarks and logos pertaining to the Services are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by SBRA and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

User Content

As part of your use of the Services, such as, but not limited to, the Photo Booth and the Developer Forum, SBRA may offer you the ability to create, record, upload, share, stream, and/or publish photos, images, videos, audio recordings and/or other content (“User Content”). If you elect to transmit any User Content through the Services, you must do so in a manner that is at all times compliant with these Terms of Use. You understand that all User Content you elect to publish through the Services is your sole responsibility, whether you posted it publicly or merely transmitted it to SBRA only. Your User Content must not violate or infringe on the copyright, patent, trademark, publicity, and/or other proprietary rights of any person or entity. Further, you shall not use the Services in any manner in connection with any User Content that may be viewed as libelous, threatening, harassing, defamatory, obscene, indecent, pornographic, hateful or otherwise illegal under any applicable law. Without limiting SBRA’s other legal and equitable remedies, any User Content in violation of these Terms of Use may result in SBRA editing and/or removing the User Content from the Services and/or banning you from further using the Services temporarily or permanently, at SBRA’s discretion.

Please remember that SBRA does not pre-screen, control, moderate, or endorse your User Content, and specifically disclaims any and all responsibility and liability for any publicly posted User Content. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion and may not reflect SBRA’s opinions. Subject to the foregoing, SBRA may edit, refuse to post, or remove any User Content that you submit to us, in our sole discretion. 

In consideration of your use of the Services, you grant SBRA a worldwide, non-exclusive, transferable, irrevocable, sub-licensable, royalty-free license to use, store, copy, publish, reproduce, save, modify, create derivative works of, transmit, publicly display, and/or distribute all or part of your User Content, alone or combined with any other SBRA or third-party content, for any and all commercial and non-commercial purposes, in any and all media  now known or thereafter devised and through any distribution methods now or later developed. For clarity, and without limiting the generality of the foregoing, the license granted under this paragraph authorizes SBRA to publish your User Content on SBRA’s social media channels, websites, and/or marketing and press materials in connection with any advertising, marketing, publicity and/or promotional activities pertaining to SBRA’s products and or services and/or SBRA’s corporate communication. You agree that the license granted under this paragraph does not and shall not entitle you to any compensation from SBRA or any of its parent companies, affiliates, subsidiaries or sub-licensees even if your User Content is used in any way pursuant to this paragraph.

Security

Certain features or services offered on or through the Services may require you to open an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password unless mandated by law. You may not violate or attempt to violate the security of the Services, including by, without limitation, (a) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization, such as, but not limited to, hacking or researching passwords; (b) decompiling, reverse engineering, disassembling, attempting to derive the source code of any software or security components of the Services and/or Content; (c) violating, tampering with, or circumventing the security of any computer, system, or network of the Services, Content, and/or any associated tools, software, and other materials, passwords, encryption codes, technological protection measures, or to otherwise engage in any type of illegal activity, or to enable others to do so; (d) engaging in any activity with the intent to harm or damage the reputation of SBRA, its parent company, affiliates and/or licensors (including original creator of any works) (e) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Services, overloading, "flooding," "spamming," "mailbombing" or "crashing"; or (f) forging communications on behalf of the Services or to the Services. You may not send unsolicited or unauthorized e-mail on behalf of SBRA, including promotions and/or advertising of products or services.

Links to Third Party Websites

The Services may contain links to independent third-party websites. These websites are provided solely as a convenience to our visitors and SBRA does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, or merchantability of those websites or the products and services they offer. Such websites are not under SBRA’s control, and SBRA does not sponsor or endorse the content of such websites. Third-party websites are governed by their own terms of use and privacy policies and it is your responsibility to read and understand them.

Forums

The Services may contain forums, information groups or other online discussion boards ("Forums") which are not moderated or which are moderated after the facts, with the result that your messages are not checked before being displayed on the Services. When you use the Services, your username and your messages will be public and viewable by any Internet user who visits the Services. You send your messages at your own risk. You have sole responsibility for their submission, publication and dissemination.

SBRA reserves the right to delete any messages and/or content that SBRA considers as disrespectful, disparaging and/or harassing of other users, and/or obscene or otherwise unlawful or in violation of these Terms of Use, including the Code of Conduct below, and to ban the authors of such messages from further posting on Forums. In all cases, SBRA is in usual circumstances not responsible towards users accessing and posting on Forums and does not endorse the opinions, advice and/or recommendations displayed or sent by users on Forums, and disclaims any responsibility in this regard.

Code of Conduct

Any content you post on the Forums and any Derivative Works you create must not contain or feature any of the following:

- insults or profanities;
- any elements as well as any insinuation or inference relating to any insults, derogatory images or remarks of any particular religion, culture, region, race, individual, or group of people;

- verbal abuse or offensive language;
- personal information, such as names of individuals, telephone numbers, addresses and email addresses or reproduction of third-party image, likeness or voice without the appropriate releases and licenses;
- credit card details, social security numbers, bank details, or any other information that could lead to identity theft;
- other websites or features with hyperlinked text or a URL;
- any other materials or elements that SBRA or its licensors determine are inappropriate for any reasons.

Reporting of Unlawful Content

If you consider that any content made available through the Services by users does not comply with these Terms of Use, you may report violations to SBRA by sending a letter to the address specified at the bottom of these Terms of Use, indicating the information listed below.

  • Specify the date of your notification;
  • Indicate your last name, first name, address, telephone number and e-mail address;
  • Identify and describe the content which is, in your opinion, contrary to these Terms of Use or infringing, indicating its precise location on the Services;
  • Indicate the reasons why you believe the content does not comply with these Terms of Use and should be removed from the Services. In this regard, please include legal references and documented facts;
  • When reporting a copyright infringement, identify the copyrighted work with respect to which you wish to report an infringement and provide all necessary information evidencing the existence of this copyright and demonstrating that you are authorized to intervene on behalf of the copyright owner; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you made under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and a physical signature of the person authorized to act on behalf of the copyright owner; and
  • Attach a declaration specifying that all information you have passed on to SBRA is correct.

Upon receipt SBRA reserves the right to act as it deems appropriate, entirely at its own discretion or as directed by applicable law. You are informed that presenting content as being unlawful with the aim of obtaining its undue removal or causing its dissemination on the Services to be discontinued, when you are aware that such claim is incorrect, is illegal.

Disclaimers and Limitation of Liability

SBRA DOES NOT WARRANT OR REPRESENT THAT THE SERVICES, INCLUDING ANY CONTENT, PRODUCT OR SERVICE ON THE SITES WILL BE ERROR-FREE, VIRUS-FREE OR UNINTERRUPTED. THE SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. SBRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AGAINST LOSS OR CORRUPTION OF DATA AND ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SBRA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES.

EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT SHALL SBRA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Services at any time. We may change, suspend or discontinue all or any parts, features, content, or functionalities of the Services at any time without prior notice.

Unsolicited Ideas Policy

SBRA appreciates your enthusiasm and the time and energy you spend using our Services. SBRA’s company policy, however, does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials pertaining to our products or Services (“Submissions”). The purpose of this policy is to avoid potential misunderstandings or disputes if products, services or features developed or published by SBRA fortuitously appeared similar or identical to ideas that may have independently occurred to you.

If, despite the above, you still elect to communicate a Submission to SBRA, then regardless of any terms you may specify, only the following terms shall apply to your Submissions: You agree that the Submissions shall be deemed non-confidential and non-proprietary. SBRA shall have no obligations concerning the Submissions, including but not limited to, no obligation to review or return any materials or acknowledge receipt of any Submissions. SBRA may use, redistribute, or disclose the Submissions worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.

Governing Law; Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

The Services are controlled and operated by SBRA from within the United States of America, and are intended for use only by residents of the United States. SBRA makes no representations or warranties that content or materials on the Services are appropriate or lawful in any foreign countries, or that the Services (including any products or software offered for sale or download through links on the Site) will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Our goal is to provide you with a neutral and cost-effective means of resolving any dispute quickly. Therefore, for any claim related to these Terms of Use or our Services where the total amount sought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by mailing a written notice to SBRA at the address listed below, explaining the reasons for your claim and providing your contact information. SBRA may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of SBRA's offer to settle or SBRA's receipt of your claim notice (whichever is later), you may invoke binding arbitration by mailing a separate demand for arbitration to SBRA at the address listed below. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County, California); (c) the ADR provider may award any form of individual relief; (d) SBRA will pay all arbitration costs for non-frivolous claims; (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (f) SBRA may not seek reimbursement of its attorney's fees in connection with such arbitration unless your claim is frivolous; (h) claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section. (The rights to attorneys’ fees and expenses discussed above supplement any right to attorneys’ fees and expenses you may have under applicable law, but you may not recover duplicative awards of attorneys’ fees or costs).

The formation, construction and interpretation of these Terms of Use shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. These Terms of Use shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of these Terms of Use.

All claims you bring against SBRA must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of these Terms of Use.

Additional Policies

In addition to these Terms of Use, when using specific products, services or features offered by SBRA, you shall be subject to any posted guidelines, policies and/or other terms applicable to such products, services or features that may be posted from time to time. All such guidelines or policies are incorporated by reference to these Terms of Use.

For instance, and without limiting the generality of the foregoing, software usage and/or download may require you to accept and comply with an End User License Agreement, which shall be incorporated into these Terms of Use. Likewise, within certain Sites, SBRA may offer you the possibility of ordering and/or purchasing certain products and services online. In such event, the Order Terms accessible on such Site shall apply to your order or purchase and shall be incorporated into these Terms of Use.

Each of these additional policies may be changed from time to time and are effective immediately upon posting such changes on the applicable Sites or Services.

In case of a conflict between these Terms of Use and the above policies, the latter policies shall control. 

Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, California users are entitled to the following consumer rights notice: SBRA is located at 150 California Street, 10th Floor, San Francisco, CA 94111. if you have a complaint regarding the Services or desire further information on use of the Services, email support@softbankrobotics.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

Contact

Any question regarding these Terms of Use may be sent to the following address:

SoftBank Robotics America, Inc.
Attn: Customer Service
155 Federal St, Suite 1702
Boston, MA 02110, USA