, which is incorporated by reference into these TOU. These TOU constitute a legal agreement between you and Corsair and spell out the terms and conditions to which you must adhere. If you do not agree to any of these terms, then do not use the Service.
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT CORSAIR SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOU.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOU. We may change these TOU at any time. Please review the TOU each time you visit the Service.
These TOU include a disclaimer of warranties, a disclaimer of liability, a class action waiver, as well as a release and indemnification by you, in Sections 1, 4, 9, 12, 16-19, 24, and in the Apple Required Terms and Terms Relevant to Google Inc. Please review those sections (and all other terms) carefully.
Throughout this TOU, “Corsair
” refers to Corsair Memory Inc., and its family of brands (including Corsair, Elgato, Origin PC, and SCUF, as well as any of our current or future brands, subsidiaries, or affiliates (“Affiliates
These TOU apply to your use of our “Service
,” which includes the following (without limitation):
- Our “Sites” (including any mobile versions and subdomains):
- Other domain names we may operate from time to time
- Our mobile applications (“Apps”), internet-connected hardware (“Products”), or internet-enabled software (collectively, “Software”), including (without limitation):
- Wave Link
- Elgato Control Center
- Elgato Screen Link
- Elgato Stream Deck
- Elgato Streamdeck Mobile
- Elgato Game Capture
- Elgato Camera Hub
- Our “Platforms” including:
Unless explicitly stated otherwise, any new products, services, or features that augment or enhance the current Service will be subject to these TOU.
4. USER SUBMISSIONS
You may submit, transmit, upload, or post feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications to the Service (“User Submissions
”). By submitting any such materials to the Service, you represent and warrant that you will not submit or post User Submissions that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the User Submissions and to grant Corsair all of the license rights granted herein. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions. CORSAIR DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND CORSAIR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.
On Corsair’s social media sites, you further represent and warrant that you have the permission of any individuals depicted in photographs, videos, or recordings that you submit to the Service to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to Corsair.
If you submit any User Submissions to the Service, you hereby grant a non-exclusive, royalty-free, worldwide, transferable, perpetual right and license to Corsair, its Affiliates, and its successors and assigns to use, reproduce, distribute, display, transmit, publish, modify, edit, and/or create derivative works from the User Submissions in any format, including, without limitation, coding or watermarking such User Submissions, provided in any medium, forum, or format, for any purpose of Corsair or its Affiliates in their sole discretion.
You also agree that immediately upon the creation by or on behalf of Corsair, its Affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content
”), the Modified Content will become the sole and exclusive property of Corsair and that we will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Corsair in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest you have or may be deemed to have in and to the Modified Content to Corsair.
Corsair will not necessarily monitor User Submissions. However, Corsair reserves the right to monitor, alter, edit, or remove Content (as defined below) (including User Submissions) and block users without prior notice and for any reason. Corsair also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these TOU.
You understand that when using the Service, you may be exposed to User Submissions from a variety of sources, and that Corsair is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST CORSAIR, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, SHAREHOLDERS, LICENSORS, LICENSEES, DISTRIBUTORS, SUPPLIERS, AND ASSIGNS (COLLECTIVELY “THE CORSAIR PARTIES
”) WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE CORSAIR PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
6. RESTRICTIONS ON USE OF SERVICE
In your use of the Service, you will not:
- use the Service for any purpose other than for using the features we intentionally make available to you;
- upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- post any information that Corsair, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers, or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- copy, download, or distribute any part of the Service in any form or medium without the prior written authorization of Corsair;
- alter, modify, or make derivative works from any part of the Service without the prior written authorization of Corsair;
- resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these TOU, the Service or any Content, in whole or in part;
- modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Service;
- provide false personal information or personal information belonging to anyone other than yourself without permission;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
- impersonate or misrepresent any person or entity or your affiliation with someone else;
- remove, modify, disable, block, obscure, or otherwise impair any advertising in connection with the Service; or
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.
Corsair believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, you may not submit any personally-identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If you are under 18 years of age, then please do not attempt to submit any information to or use the Service.
7. INTELLECTUAL PROPERTY
Everything you see, hear, or otherwise experience on the Service, including, but not limited to, the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content
”), and the trademarks, service marks, and logos contained therein (“Marks
”), are owned by or licensed to Corsair, subject to copyright and other intellectual property rights under United States and international laws and conventions. Corsair owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws.
For your personal use, you may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Corsair reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Corsair in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Service.
You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party all or any part of the rights granted to you under these TOU, the Service, or any content or materials accessible through the Service, in whole or part.
8. EMPLOYMENT APPLICATIONS
for information on your privacy in connection with submitting a resume or application through the Service. In connection with your use of the Careers Page and your submission of a resume or application through it:
- i) submitting a resume via the Service will not result in your applying for any positions. You need to submit a separate and complete application for each specific position for which you would like to apply;
- ii) applying for a position via the Service does not create a promise or contract for employment or the provision of any employment benefit. If you are hired for a position at Corsair, your employment will be at will;
- iii) if you are unable to use our online application system due to a disability, please contact Human Resources at email@example.com; and
- iv) Corsair is an Equal Opportunity/Affirmative Action Employer M/F/D/V—all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ancestry, sex, national origin, sexual orientation, disability, age, marital status, familial status, status with regard to public assistance, military or veteran status, or any other status protected by applicable law.
9. ADVERTISEMENT RELEASE
Corsair takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service (“Advertisers
”). Any dealings you have with Advertisers found while using the Service are between you and the Advertiser, and you agree that Corsair is not liable for any loss or claim that you may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE CORSAIR PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING, WITHOUT LIMITATION, THE STATES OF MISSOURI, DELAWARE, AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which Corsair has referred or linked users, infringes upon your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA
”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
- a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
- c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
- d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- f) 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.
Notification pursuant to the DMCA should be submitted to:
Copyright Compliance Department
Corsair Memory Inc.
115 N. McCarthy Boulevard, Milpitas, CA 95035USA
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to Corsair without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
11. TRADEMARKS AND CELEBRITY MATERIAL
a) Corsair responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
b) Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Service and you do not have the celebrity's permission.
c) If you are a trademark owner or a celebrity and you believe your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 10 above.
d) To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
e) When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where you believe the infringement is occurring.
12. LINKS TO OTHER SITES
The Service may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by Corsair. Corsair has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Corsair will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE CORSAIR PARTIES FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions of use for each other third party website or online service that you visit.
Except as you have otherwise agreed with Corsair in writing, you may link to the Service from your website, subject to the following: (1) you may not frame the Service or any portion of the Service; (2) you will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Corsair name and not any Corsair logo; (4) you may not use any Corsair logo in any way; (5) you may not use the link in any way that suggests that Corsair is associated with or endorses you or your website or online service; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive, or malicious, and may not be presented in any way that disparages Corsair or damages its rights, reputation, or goodwill; and (7) we may terminate your right to link to the Service at any time for any reason or no reason.
13. CONTESTS AND PROMOTIONS
Unless otherwise stated, promotions are valid only in the countries in which they are applicable. Corsair 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.
14. PRICING AND PAYMENT
. If you wish to purchase goods or use services made available by or through Corsair, as described on the Service (each such activity, a "Transaction
. You agree that all information that you provide in connection with your Transaction will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card at the price(s) set forth on the Service at the time of your Transaction, however, such prices do not include and you must pay any excise, sales, use, or like taxes associated with the Transaction. Prices advertised on the Service are subject to increase in the amount of any such tax that Corsair may be required to collect or pay in connection with the Transaction. You are responsible for (and will indemnify the Corsair Parties against) all taxes associated with Transactions entered into by you or users of your account through the Service (excepting taxes based on Corsair’s income).
You agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to use or to enter Transactions on the Service. You grant Corsair the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
ii. No Offers.
Statements made on the Service concerning our products or services do not constitute an offer, but are merely solicitations of an offer, where appropriate. References to and information concerning products and services on the Service are not complete and must be read in conjunction with the specific information accompanying such products, as the same may change from time to time.
iii. Other Agreements/Terms of Sale.
Pricing for Transactions shall be as set forth on the Service, which pricing may be changed by Corsair from time to time. Corsair may choose to temporarily change pricing for promotional events or new products or services, and such changes shall be immediately effective when Corsair posts the temporary pricing change to the Service.
v. Payment Processing.
When you conduct a Transaction, processing of the Transaction and collection of payments may be handled by our payment processor. Transactions will be processed only after a billing address, and other billing information, has been verified. If We receive incorrect billing or credit card account information, the processing of your Transaction will be cancelled without further notice.
vi. Transaction Confirmation.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Corsair whether or not your Transaction has been completed.
Before entering a Transaction on the Service, carefully review the Service and all policies and terms. Unless otherwise agreed to in writing by Corsair, Corsair will not issue refunds. In the event that the provisions of this Section conflict with any mandatory refund policies imposed by our payment processor, as may be applicable to a particular Transaction, the terms of such mandatory refund policy shall prevail. Additionally, certain legislation and consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to your Transaction that cannot be excluded, restricted, or modified.
You agree that you will not attempt to circumvent any refund prohibitions with regard to Transactions on the Service. You will not dispute or otherwise seek a "chargeback" from the company whose credit card you used on the Service. Should you do so, your access may be cancelled, and Corsair may, in its sole discretion, refuse to honor pending and future Transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.
15. TITLE AND RISK OF LOSS
Title and risk of loss to all products will pass to customer upon shipment from Corsair’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.
You warrant and represent to Corsair as set out below:
- The information you provide in any registration screen, profile, email, telephone call, or through other means, including all personal details, contact details, and all other data provided, is true in all respects, up-to-date, and not misleading.
- You will keep the information referred to in paragraph (a) up to date.
- You will not access the Service under false identity or pretext and will not use it to falsify your or any other person's identity.
- You will use the Service lawfully and in good faith.
17. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. CORSAIR HAS ATTEMPTED TO MAKE THE SERVICE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CORSAIR PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE CORSAIR PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TOU, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE CORSAIR PARTIES, RELATING TO THE SERVICE, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE CORSAIR PARTIES, AND ANY AGREEMENT WITH A THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, THE CORSAIR PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES, SUCH AS ADVERTISERS, WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY CORSAIR; OR THAT SERVICE ERRORS WILL BE CORRECTED. THE CORSAIR PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CORSAIR PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE CORSAIR PARTIES AS A RESULT OF ANY CLAIM, DEMAND, OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE CORSAIR PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TOU; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS OR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR EMAIL ADDRESS OR ACCOUNT.
You shall cooperate as fully as reasonably required in the defense of any claim. Corsair 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 Corsair without Corsair’s prior written approval.
IF THE CORSAIR PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TOU, THE CORSAIR PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO CORSAIR.
19. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE CORSAIR PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TOU OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE CORSAIR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE CORSAIR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM CORSAIR’S NEGLIGENCE; (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (4) UNAUTHORIZED ACCESS TO OR USE OF THE CORSAIR PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (8) USER SUBMISSIONS, CONTENT, OR THIRD-PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION; (10) ERRORS OR OMISSIONS IN ANY CONTENT; OR (11) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CORSAIR PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE CORSAIR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TOU INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION AND OTHER LOGIN INFORMATION WITH ANY OTHER PERSON.
THE CORSAIR PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $100 USD.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Any claims relating to use of the Service must be brought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Corsair from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
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.
You affirm that you are 18 years of age or older and are fully able and competent to enter into, abide by, and comply with the terms and obligations provided in these TOU.
The Service is not intended for persons under the age of 18. If you are under the age of 18, then please do not use the Service.
Corsair reserves the right to amend these TOU at any time and without notice, and it is your responsibility to review these TOU for any changes. Your use of the Service following any amendment of these TOU will signify your assent to and acceptance of its revised terms.
In addition, Corsair may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Service for any or no reason, including, but not limited to, breach of these TOU.
If any provision of these TOU is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect.
These TOU, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Corsair’s prior written consent, but may be assigned by Corsair without restriction and without notice to you.
24. CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
These TOU constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter these TOU by a representation other than those expressly set out in these TOU. Corsair and you do not intend to confer, and these TOU will not be construed as conferring, any right, remedy, obligation, or liability of any kind on any person other than Corsair, you, and each party’s successors and assigns. No modification, alteration, or waiver of any of the provisions of these TOU will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these TOU shall be deemed a further or continuing waiver of such term or any other term, and Corsair’s failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in California, United States of America, and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over Corsair in jurisdictions other than California. These TOU are governed by United States and California law, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Alameda County, California, in relation to any dispute between them arising out of the subject matter of these TOU.
APPLE REQUIRED TERMS
Additional Terms Relevant to Google Inc.
- Acknowledgement: Corsair and you acknowledge that the TOU are concluded between Corsair and you only, and not with Apple, and Corsair, not Apple, is solely responsible for the Service and the content thereof.
- Scope of License: The license granted to you for the Service is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Service may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and Support: As between Apple and Corsair, Corsair is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the TOU, or as required under applicable law. Corsair and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
- Warranty: As between Apple and Corsair, Corsair is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the relevant App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Corsair’s sole responsibility.
- Product Claims: Corsair and you acknowledge that Corsair, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: Corsair and you acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Corsair, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Corsair may be contacted at its Customer Support by clicking the link here, in connection with any questions, complaints or claims with respect to the Service.
- Third Party Terms of Agreement: You must comply with third party terms of agreement when using the Service.
(b) The Google Play marketplace is owned and operated by Google Inc. your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS
) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html
and together with the Google Terms of Service called the “Terms”). The Google Play Terms of Service and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
(c) Corsair is solely responsible for providing, and Google has no obligation to provide, maintenance and support for Corsair Apps. Support requests, as well as questions, complaints or claims regarding Corsair Apps, may be directed to Corsair Support, at 5 N. McCarthy Boulevard, Milpitas, CA 95035 or you may contact Corsair’s Customer Support here
(d) To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Corsair Apps, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
(e) Google shall not be responsible for addressing any claims by you or any third party relating to the Corsair Apps or your possession and/or use of the Corsair Apps, including but not limited to (i) product liability claims, (ii) any claim that the Corsair Apps fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
(f) Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Corsair Apps or your possession and use thereof infringes a third party’s intellectual property rights.
(g) You represent and warrant that (i) the Service will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
(i) Removal of Corsair Apps. Corsair or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Corsair Apps, or delete the Corsair Apps from your Supported Device, without entitling you to any refund, credit or other compensation from Corsair or any third party (including, but not limited to, Google Inc. or your network connectivity provider).