PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use Agreement (“Agreement”) for www.coolermaster.com (the “Site”), an Internet website owned and operated by Cooler Master Co., Ltd., its subsidiaries and affiliates (collectively, “Cooler Master Affiliates”) (collectively, “Cooler Master,”, “we,” “us,” and/or “our”). This Agreement governs only the content, features, and activities related to this specific Site and does not cover websites for any of our subsidiaries and affiliates, or any other company, unless specifically stated. The term “Site” as used herein includes all websites and web pages within this Site, as well as any associated equivalent, mirror, replacement, substitute, or backup websites and web pages.
I. INTRODUCTION
All persons accessing the Site from any locations do so on their own initiative shall be responsible for compliance with applicable local laws.
These terms and conditions regarding your use of this Site constitute a legally binding agreement between you and Cooler Master and your use of the Site constitutes acknowledgement that you understand, accept, and agree to abide by the terms of this Agreement. By using this Site, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Site is unauthorized.
Cooler Master’s Privacy Policy is hereby incorporated herein by reference. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement and Cooler Master’s Privacy Policy, including any indemnifications, warranties and limitations of liability.
This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
A. Defined Terms
In addition to the terms expressly defined above and below, the following definitions and meanings shall apply to these Terms of Use:
“Content” means names, addresses, billing information, merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including, but not limited to, page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and/or written and other materials.);
“Ideas” means ideas, concepts, feedback, and know-how that you make available in connection with the Site;
“Make available” means post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of this Site administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Site through the tools offered by such social media platforms; and
“Materials” means Content that we make available on or through the Site.
B. Warranty Disclaimers and Liability Limitations
While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Cooler Master’s liability explained in the “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” sections below.
C. Updates to this Agreement
We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check the Site for any updated Terms of Use as any changes and/or modifications shall become effective immediately upon the posting thereof. Please review these Terms of Use periodically. In addition, by continuing to use or access the Site or otherwise engaging with Cooler Master after we post any changes, you acknowledge and accept the updated Terms of Use. The “Last Updated” legend on this page indicates when these Terms of Use were last updated.
II. YOUR USE OF THE SITE
You certify that any Content you provide on or through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. Cooler Master is not responsible for any losses arising out of the unauthorized use of your account. You agree that Cooler Master does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that Cooler Master is not a party to any such agreement, nor is Cooler Master responsible for the content, accuracy, or unavailability of any method used for payment.
Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may: (1) change, restrict access to, suspend, or discontinue the Site or any portion of the Site; and (2) charge, modify, or waive any fees required to use any services, functionality or other content available on or through the Site or any portion of the Site.
In connection with your use of the Site, you will not:
(1) Make available any Content through or in connection with the Site that is or may be in violation of the content guidelines set forth in the “Prohibited Content” section below;
(2) Make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
(3) Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful;
(4) Harvest or collect information about other users of the Site;
(5) Interfere with or disrupt the operation of the Site or the systems, servers, and/or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks;
(6) Restrict or inhibit any other person from using the Site;
(7) Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site, except as expressly authorized in these Terms of Use, without Cooler Master’s express prior written consent;
(8) Reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
(9) Remove any patent, copyright, trademark, and/or other proprietary rights notice from the Site;
(10) Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain our express prior written consent to do so;
(11) Systematically download and store any Materials;
(12) Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Sites without our express prior written consent;
(13) Cause injury to any person or entity; or
(14) Violate any law, rule, or regulation, or these Terms of Use.
You also agree that you will not use the Site or Cooler Master’s name, logo, or brand to: (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Cooler Master trademark, logo, URL, or product name without our express prior written consent.
You further agree that you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
III. CONTENT AND IDEAS
A. Submitting Content and Ideas
Cooler Master provides functionality that enables users to make available Content and Ideas in connection with the Site. Any text in Content should be written in English or shown in English by translation on the Site provided by browser(s) or search engine, e.g. Google Translate or Google Chrome. You acknowledge and agree that you are responsible for all Content and Ideas that you make available in connection with the Site. You represent and warrant that: (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including those expressly recited in the paragraph below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.
B. Cooler Master's Rights to Use Content and Ideas
You expressly grant to Cooler Master a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and/or display (publicly or otherwise), without limitation, any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Cooler Master is free to use any Ideas for any purpose. Cooler Master may sublicense its rights in Content and/or Ideas through multiple tiers of sub-licenses. Cooler Master is, and will always be, under no obligation: (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You expressly grant to Cooler Master the right to use any name associated with any Content or Idea that you make available to Cooler Master, although we have no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that neither you nor anyone under your control will make available any Content in connection with the Site that:
(1) may be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
(2) affects us adversely or reflects negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
(3) sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and “phishing";
(4) unless expressly approved in writing by us in advance, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
(5) transmits, distributes, or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
(6) creates a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
(7) contacts anyone who has asked not to be contacted; “stalk” or otherwise harass anyone;
(8) violates any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violates and/or infringes upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site, or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
(9) modifies, disrupts, impairs, alters and/or interferes with the use, features, functions, operation or maintenance of the Site, or the rights of use and enjoyment of the Site by any other person, firm, or enterprise;
(10) collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views, and/or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; or
(11) contains your full name(s), or any other confidential personally identifiable information of yourself or others.
IV. MONITORING BY COOLER MASTER
Cooler Master shall will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and/or access to the Site, including to determine compliance with these Terms of Use and any other operating rules that we may establish from time to time. Cooler Master will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through the Site for any reason, including violation of these Terms of Use. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Cooler Master for any and all claims resulting from any Content that you make available.
We have no liability to you for Content or Materials on the Site that you find to be offensive, indecent, and/or objectionable.
V. MATERIALS AVAILABLE ON THE SITE
Cooler Master, and/or its suppliers and licensors, may make available various Materials on the Site. Any such Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. Cooler Master makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Sites, we would appreciate it if you let us know by contacting us at consumer_care@coolermaster.com. (Your feedback is a big part of what helps us get better at helping you!)
VI. MERCHANDISE
The Site may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
Cooler Master is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties.
While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Site. Always read labels, warnings, directions, and other information provided with the product before using the product. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Cooler Master’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
VII. THIRD PARTY SITES
References on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Cooler Master is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Site operates or otherwise interacts, nor is Cooler Master responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).
VIII. PLACING AN ORDER
A. Order Acceptance and Billing
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Cooler Master account, including on affiliated sites and properties which you access via your Cooler Master account credentials.
Cooler Master participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank.
All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase.
We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Cooler Master may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Exceptions to this policy, i.e. occasions when you will be charged at the time your order is placed, are orders paid for with a Gift Card, eGift Card, or PayPal account.
Cooler Master reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Cooler Master also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Cooler Master for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
In addition to any other remedies available to it, Cooler Master may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of, Cooler Master’s returns policy.
B. Pricing Information; Availability
Cooler Master cannot confirm the price or availability of an item until after an order is placed. Pricing or availability errors may occur on the Site or through third party retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Cooler Master reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Cooler Master. Cooler Master may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Site may be different from prices available from third party retailers.
Prices provided on the Site are subject to change without advance notice. Cooler Master strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or Product that has been ordered is no longer available, we will either contact you for further instructions or cancel your order at our sole discretion.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
IX. SHIPPING AND DELIVERY
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Site to addresses in certain countries or in certain areas is limited and/or restricted. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
If you are located in the United States or subject to the laws thereof, you acknowledge that goods licensed or sold on the Site and any software or technology purchased, downloaded, and/or used from the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including, without limitation, to: (a) a person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List; (b) to any person, entity, or organization that is a national or resident of, or located in or under the control of, Cuba, Iraq, Libya, North Korea, Iran, Syria, Russia, or any other country to which the United States has embargoed goods, and/or (c) any end user whom you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list and that you do not intend to transfer any Materials to an individual or entity that is located in, under the control of, or a national or resident of, any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use any goods and/or software or technology. If Cooler Master has knowledge that a violation has occurred, Cooler Master may be prohibited from permitting you to access the Site and/or providing maintenance and support for any software or technology.
X. INTELLECTUAL PROPERTY
Unless otherwise expressly noted, the Site and all Materials, and all patents, copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”), are owned or controlled by or licensed to Cooler Master, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Cooler to use the Site, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you: (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner or subject to a restriction described in Section IX. SHIPPING AND DELIVERY.
No license, right, title, or interest in the Site or any Materials is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Site. The Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Site and Materials is the exclusive property of Cooler Master and is also protected by U.S. and international copyright laws.
Cooler Master names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks, trade dress, and copyright of Cooler Master in the U.S. and other countries, when applicable. All other marks are the property of their respective companies.
All software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Applications, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and “look and feel” and/or arrangement of items, and all trademarks, service marks and trade names, are the property of Cooler Master, and any of their successors and assigns, are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.
XI. PROCEDURE FOR MAKING A CLAIM OF IP INFRINGEMENT
Cooler Master respects the intellectual property rights of others and encourages owners of IP rights to report legitimate claims of infringement as to items listed on the Site, including claims of copyright, trademark, patent, publicity, and/or counterfeit. Cooler Master strives to promptly process and investigate such claims and take appropriate actions under applicable laws.
To make a claim of IP infringement, you must declare, under penalty of perjury, that the information provided is correct and that you are the owner of the IP rights or an authorized agent thereof. If the information you submit is inaccurate or incomplete, we may be unable to process or respond to your request. If you have questions about IP or whether your rights have been infringed, consider seeking legal advice.
XII. PRIVACY
You acknowledge that any personal information that you provide through the Site will be used by Cooler Master in accordance with Cooler Master’s Privacy Policy (https://www.coolermaster.com/privacy/), which may be updated by us from time to time. If you purchase an item on the Site manufactured and/or sold by a third party, Cooler Master may share certain information with that third party to permit them, as applicable, to fulfill and ship your order, process returns, and/or provide customer service.
You authorize your wireless operator (e.g. AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator in the U.S. or other countries) to disclose to Cooler Master your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See Cooler Master’s Privacy Policy for how we treat your data. (https://www. coolermaster.com/privacy/)
XIII. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COOLER MASTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. COOLER MASTER AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OF AN ITEM THAT IS SOLD BY COOLER MASTER TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITES. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. COOLER MASTER DOES NOT SEEK TO LIMIT USER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
XIV. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF COOLER MASTER OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR OTHER USER OF THE SITE.
Nothing contained in this agreement limits Cooler Master’s liability to User in the event of death or personal injury resulting from Cooler Master’s negligence or for the tort of deceit (fraud). Cooler Master is acting on behalf of Cooler Master Affiliates for the purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but in no other respects and for no other purpose.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN USER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. USER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. COOLER MASTER DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
XV. INDEMNIFICATION
You agree to defend (at Cooler Master’s option), indemnify, and hold Cooler Master and its Affiliates harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms of Use. Cooler Master reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Cooler Master if and as requested by us in the defense and settlement of such matter.
XVI. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is obtained when User is in the United States, Canada, or Mexico; (b) Japan, if a license to the Software is obtained when User is in Japan; (c) Singapore, if a license to the Software is obtained when User is in a member state of the Association of Southeast Asian Nations, Mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, or the Republic of Korea; or (d) England and Wales, if a license to the Software is obtained when User is in any jurisdiction not described above. The respective courts of the Eastern District of New York when New York law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England and Wales applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement.
Notwithstanding any provision in this Agreement, Cooler Master or User may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.
This Agreement will not be governed by the following, the application of which is hereby expressly excluded: (x) the conflict of law rules of any jurisdiction, (y) the United Nations Convention on Contracts for the International Sale of Goods, and (z) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction.
XVII. TERMINATION
These Terms of Use are effective unless and until terminated by either you or Cooler Master. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Site, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use.
Upon any termination of these Terms of Use by either you or Cooler Master, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Site, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will all survive any termination of these Terms of Use: Section II (“ Your Use of the Site”); Section III (“Content and Ideas); Section IV (“Monitoring by Cooler Master”); Section V (“Materials Available on the Site”); Section VI (“Merchandise”); Section VII (“Third Party Sites”); Section VIII (“Placing and Order”); Section IX (“Shipping and Delivery”); Section X (“Intellectual Property Ownership”), excluding the rights granted to you; Section XII (“Privacy”); Section XIII (“Disclaimer of Warranties”); Section XIV (“Limitation of Liability”); Section XV (“Indemnification”); Section XVI (“Governing Law”); XVII (“Termination”); Section XX (“Registration and Use of Password”); Section XXI (“Agreement to Deal Electronically”); Section XXII (“User Communication Features and Postings”); Section XXIII (“Hyperlinks to Third Party Sites”); and Section XXVI (“General Terms”).
XVIII. FILTERING
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
XIX. HOW TO CONTACT US
If you have any questions or comments, please contact us at:
E-mail: consumer_care@coolermaster.com
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XX. REGISTRATION AND USE OF PASSWORD
Cooler Master may require each user to have a unique user name and password combination in order to use the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read Cooler Master’s Privacy Policy, which describes the personally identifiable information ("Personal Information”) that we collect, use, disclose, manage, and/or store. As part of the registration process, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
XXI. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
XXII. USER COMMUNICATION FEATURES AND POSTINGS
Your comments, suggestions and information are important to us. Portions of the Site may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities, and other message and communication facilities (“Communities”) and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit, and/or exchange: (a) information, ideas, opinions, messages or other information (“Post” or “Postings”); and (b) User Material. You understand, acknowledge, and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit, or otherwise make available via the Site. Postings do not reflect the views of the Site, Cooler Master, or Cooler Master’s Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, Cooler Master, and Cooler Master’s Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content, and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, Cooler Master, and Cooler Master’s Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, User Material) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please contact us at the address above. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
XXIII. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site or Cooler Master, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, regardless of whether the Site’s or Cooler Master’s logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read Cooler Master’s Privacy Policy, which describes how we collect and use your Personal Information and co-branding relationships.
XXIV. ADS AND MALWARE
Cooler Master takes great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware:
(1) Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser);
(2) Install a SpyWare Removal Tool to clean your computer of Malware; and/or
(3) Install antivirus software.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at the address above.
XXV. DEACTIVATION/TERMINATION OF YOUR REGISTRATION
If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by logging in to your account and then by clicking on the “My Account” link and then selecting the “Cancel My Account” option. We may terminate your registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
XXVI. GENERAL TERMS
These Terms of Use represent the complete agreement and understanding between you and Cooler Master and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Cooler Master or any of Cooler Master’s Affiliates. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of Cooler Master to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Cooler Master’s rights with respect to such breach or any subsequent breaches.
The English language version of this agreement will be the version used when interpreting or construing these Terms of Use. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.
Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Site and/or by e-mail (including in each case via links) or regular mail.
Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
