Agreement To Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Elgato may revise these Terms at any time by updating this posting. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Privacy Statement

Elgato and its subsidiaries respect your privacy and are committed to protecting it.

Your visit on our Website becomes part of our records; however, our records only contain your IP address, the date and time of your visit and the specific sites you visited. In general, it is not possible for Elgato to determine your identity. Evaluation of the recorded data is done on an anonymous basis and exclusively for statistical purposes. For publicly accessible data, only the domain name and the top-level domain name of your IP address are shown.

We believe very strongly in our customers’ right to privacy. Our customer records are not for sale or trade.

Elgato will use customers’ e-mail addresses only to supply information relating to orders and for customer relationship maintenance purposes. The exchange of customer data over the Internet is encrypted. This is accomplished by using the Secure Socket Layer (SSL) protocol.

Customers can subscribe and unsubscribe to the Elgato newsletter on the website. Subscriptions can be cancelled at any time.

Elgato will not share any personal customer data with third parties other than with service partners who require the data in order to process orders. To enable the customer to place orders in the Online Store, a so-called “cookie” will be created when particular Web pages are visited. These are small files. The customer may use his browser program to control the acceptance of cookies from the Web page and, if appropriate, block this. Such cookies serve exclusively to enable the use of specific applications, e.g. the Online Store shopping basket system; no personal data whatsoever is stored.

In the event of questions regarding the collection, processing or use of your personal data and for information, the amendment, blocking or deletion of data and the revocation of consents granted, customers should contact Elgato Customer Service, Rotkreuzplatz 1, 80634 Munich, Germany. E-mail: cs@elgato.com.

Ownership of Site

These Terms of Use apply to the Elgato web Site located at www.elgato.com, and all associated sites linked to www.elgato.com by Elgato, its subsidiaries and affiliates, including Elgato sites around the world (collectively, the “Site”). The Site is the property of Elgato Systems GmbH (“Elgato”).

Content and Use of the Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Elgato, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Elgato’s express prior written consent.

You may use information on Elgato products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Elgato for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Purchases

When we make it possible to order products via the Site, please also read the terms and conditions that will apply to those purchases. You can find these terms and conditions on the page where you can place your order.

Links to Other Sites and to the Elgato Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Elgato’s control, and Elgato is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. All information on this Site is subject to change without notice. The materials at this Site might be out of date and Elgato makes no commitment to update the materials and services at this Site. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of Liability

Except where prohibited by law, in no event will Elgato be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Elgato has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Elgato is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Elgato’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Elgato, its owners, members, managers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Elgato by any third party due to or arising out of or in connection with your use of the Site.

Applicable Law and Jurisdiction

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Germany. You agree to the personal jurisdiction of the German courts in Munich, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Elgato and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Elgato administers and operates the www.elgato.com Site from its location in Munich, Germany; although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Germany. Elgato reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Germany, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Elgato with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Elgato with respect to such use are hereby superseded and cancelled. Elgato will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Elgato’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Elgato of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Elgato and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.