USE OF CONTENT ON WEBSITE
The Website is owned and operated by Elgato. The contents of this Website, including without limitation the text, graphics, images, music, and video (“Content”) are protected by United States copyright and/or trademark law, as well as applicable foreign laws. Such Content is owned by or is licensed to Elgato.
Elgato hereby grants you permission to use the Website and its Content, provided that (i) your use is solely for your personal, noncommercial use; (ii) you do not modify or sell the Content; and (iii) you do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including use of the Content on any other website.
If you violate any of these terms, your permission to use the Content automatically terminates.
LINKS TO OTHER SITES
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Elgato of the contents on such third party websites. Elgato is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
CONTESTS AND PROMOTIONS
Unless otherwise stated, promotions are valid only in the countries in which they are applicable. Elgato reserves the right to modify the terms of or discontinue any contests and/or promotions at any time for any reason, including but not limited to product availability, pricing issues, reduced demand. Prizes, discounts and special pricing may be changed or substituted at any time without prior notice. Taxes on any prize or award are the sole responsibility of the recipient.
TITLE AND RISK OF LOSS
Title and risk of loss to all products will pass to customer upon shipment from Elgato's shipping location, to the extent permitted by law. For all product damaged or lost in transit, notify us within five (5) business days from receiving damaged products, a short shipment, or not receiving an expected order, and we will work with you to resolve with Freight Forwarder.”
DISCLAIMER OF WARRANTIES
THE CONTENT ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELGATO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELGATO DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELGATO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
NEITHER ELGATO NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OR MATERIALS PROVIDED THROUGH THE WEBSITE.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF ELGATO HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OF MATERIALS PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
ELGATO'S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.
You shall cooperate as fully as reasonably required in the defense of any claim. Elgato reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of Elgato without Elgato's prior written approval.
The website is not intended for persons under the age of 18. If you are under the age of 18, then please do not use the website.