NZXT Terms of Service
These Terms of Service (the "Terms of Service" or "Terms") govern your use of this website and any other related web or mobile applications or sites(the "Sites") provided by NZXT Corporation ("NZXT").
- Updates to the Terms of Service
NZXT reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended Terms on or within the Sites. We may, in our sole discretion, provide additional noticeof any changes, butit is your responsibility to periodically check the Terms of Service for changes. You will be deemed to have accepted any changes to the Terms by continuing to use the Sites. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, you must immediately stop using the Sites.
- Use of the Sites
If you are under 13, you are not authorized to use the Sites.
You may be required to register an account to use certain aspects of the Sites(an "Account"). You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by emailing us at email@example.com.
The following rules shall apply to your use of the Sites:
- You may not use the Sites for any commercial purpose unless expressly authorized by NZXTin these Terms or other applicable agreement
- You may not abuse, hack, attack, interfere with, or otherwise disruptthe Sites or do anything contrary to these Terms
- You may not access the Sites in a way that could violate applicable law, orin any manner not expressly authorized by NZXTunder theseTerms or in a separate written agreement
- You may not use the Sites to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages
- You may not use the Sitesto infringe on the intellectual property rights of others, to obtain personal information of others without authorization, or to otherwise violate applicable law
- You may notuse the Sites to harass, threaten, or abuse others, or post obscene, pornographic, or otherwise objectionable materials
- You may not collect or post anyone else’s personal information, including personally identifiable information, in any form on the Sites or elsewhere
- Suspension and Termination of Account
NZXT reserves the right to suspend or revoke your Account and/or your access to the Sites for any reason.
NZXT reserves the right to stop offering and/or supporting the Sites or a particular part of the Sites at any time either permanently or temporarily. In such event, NZXTshall have no liability in connection with such discontinued elements of the Sites, and shall not be required to provide refunds, benefits or other compensation to users.
The Sites contain an online store where you can purchase NZXT products and services, which is located at store.nzxt.com (the "Store"). NZXT may use third-party service providersto operate the Store and/or process payments. In such cases, the third-party service provider service terms and privacy policies govern your use of the Store and online purchases.
NZXT strives to make the descriptions of its products and services as accurate as possible, but NZXT does not warrant that any such descriptions are complete, accurate, up-to-date, or error-free. If you purchase an NZXT product and you believe it is not as described on the Sites, your sole remedy is to return the product in accordance with NZXT’sreturn policy, which is incorporated as part of these Terms and is found at store.nzxt.com/pages/warranty-returns-exchanges.
Products purchased on the Store carry NZXT’s standard limited warranty, found at nzxt.com/page/warranty.
- Intellectual Property Rights
The Sites, including without limitation any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Sites,is owned by NZXT. NZXTreserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Sites. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on, any element of the Sites except as expressly authorized by NZXT.
Subject to these Terms, NZXTgrants you a personal, non-transferable, non-exclusive license to use the Sites, provided that such license does not include the right to broadcast, copy, or incorporate any aspect of the Sites, including but not limited to any NZXTor third party trademark, service mark, trade dress, or information (including other users’ personal information), outside of the Sites.
- User Content
"User Content" means any information, data, text, images, sounds, or other materialposted, uploaded, stored, or transmittedonthe Sites by you.
NZXTclaims no ownership over your User Content. By submitting, posting, or displaying User Content via the Sites, you grant NZXTa worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and exploit the User Content for any purpose in all media now known or hereafter devised.
- Responsibility for User Content
All User Content is the sole responsibility of the user from which the User Content originated. You also acknowledge that NZXTdoes not guarantee the security of any User Content you transmit to the Sites; if you wish to keep any User Content or other information of yours a secret, do not post it to the Sites. You agree that NZXThas no responsibility or liability for deletion or failure to store any User Content posted, stored, or transmitted via the Sites.
- Monitoring of User Content
NZXT shall have the unlimited right, but not obligation, to monitor all content, including User Content, appearing on the Sites, and NZXT reserves the right to edit, remove, or refuse any User Content for any reason in its sole discretion. NZXT will have no responsibility to ensure that User Content is appropriate.
If you submit suggestions, proposals, comments or other materials within the Sites, including but not limited to all correspondence and communication with NZXTpersonnel and third party support personnel contracted by the NZXT (collectively "Submissions"), you understand and agree that NZXT(1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
- Disclosure of Information
Your User Content, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) are not confidential. Such information may be accessed, monitored, and used as necessary to provide the Sites and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Sites are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of NZXT,including to enforce these Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
- Third Party Advertising and Links
NZXT may provide links on the Sites to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Sites and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. NZXT makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Sites, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of NZXT and may collect data or solicit personal information from you. NZXTis not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by NZXT of these linked sites.
- Copyright Notices and Complaints
It is NZXT's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Sitesin a way that may constitute copyright infringement, you may provide notice of your claim to NZXT at the address listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Information reasonably sufficient to permit NZXT to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
- 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please notify us of copyright claims by emailing us at firstname.lastname@example.org.
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to NZXT email@example.com setting forth the following items:
- An identification of the URLs or other unique identifying information or material that NZXThas removed or to which NZXThas disabled access;
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
- A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your physical or electronic signature.
NZXT reserves the right to terminate without notice any user's access to the Sites if that user is determined by NZXTin its sole discretion, to be a "repeat infringer." In addition, NZXT accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
- Updates to the Sites
You understand that the Sites areconstantly evolving. NZXTmay require that you accept updates to the Sites, and may automatically update the Sitesat any time with or without notifying you. You may need to update third party software from time to time in order to receive the Sites and use NZXT’s software and hardware.
You agree to indemnify, save, and hold NZXT,its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “NZXT Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Sites, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. NZXTreserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NZXT,and you agree to cooperate with NZXT’s defense of these claims. NZXTwill use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Sites.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- USE OF THE SITES IS AT YOUR SOLE RISK AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD).
- NZXT DOES NOT WARRANT THAT THE SITESWILLMEET YOUR REQUIREMENTS ORBE UNINTERRUPTED, ERROR-FREE, OR SECURE.
- YOU USE, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SITES AT YOUR OWN RISK, AND NZXT IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
- NO ADVICE OR INFORMATION OBTAINED FROM NZXT SHALL CREATE ANY WARRANTY NOT STATED IN THESE TERMS.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NZXT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY
WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITES.YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NZXTIS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NZXTLIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SITES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- DISPUTE RESOLUTION
If a dispute arises between you and NZXT, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and NZXT agree to resolve any claim or controversy at law or equity relating tothese Terms or the Sites (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration 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 by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
- Applicable Law
This Agreement and any dispute arising out of or related to it or the Sites shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California in connection withany entrance of an arbitrator’s judgment or decision or any dispute with respect to the arbitration process or procedure or NZXT’s exercise of its equitable rights or remedies set forth herein.
- Improperly Filed Claims
All claims you bring against NZXT must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to these Terms shall be considered improperly filed. Should you file a claim contrary to these Terms, NZXT shall be entitled to recover attorneys' fees and costs up to $5,000, provided that NZXT has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- GENERAL PROVISIONS
NZXTmay assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without NZXT’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
NZXTmay publish additional policies related to specific services or products. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service,including any other terms applicable to specific NZXT products or services, contain the entire understanding between you and NZXT,and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Sites.
The failure of NZXTto require or enforce strict performance by you of any provision of these Terms of Service or failure to exercise any right under them shall not be construed as a waiver or relinquishment of NZXT's right to assert or rely upon any such provision or right in that or any other instance.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by NZXTshall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of NZXT.
We may notify you via postings on the Sites and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States, all notices given by you or required from you under these Terms of Service shall be in writing and addressed to: Terms of Service Department, NZXT Corporation, 13164 E Temple Ave, City of Industry, CA 91746.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Not with standing the binding arbitration provisions hereof and any contrary provisions herein, NZXThas the following equitable rights and remedies.
You acknowledge that the rights granted and obligations made under these Terms of Service to NZXTare of a unique and irreplaceable nature, the loss of which shall irreparably harm NZXTand which cannot be replaced by monetary damages alone. Accordingly, NZXTshall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Sites, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Sites or any content or other material used or displayed through the Sites and agree to limit your claims to claims for monetary damages (if any).
You and NZXTagree that if any portion of these Terms of Service is found to be unenforceable by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such unenforceability, and the remaining Terms shall continue in full force and effect.
No Third Party Beneficiaries
Except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.