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Term of Use

02/10/2014
1. This website (“Website”) is established by GIGABYTE Technology Co., Ltd. (“GIGABYTE”) for the purpose of providing certain information and services. Please read the following Term of Use carefully before using the Website. For users who are below twenty (20) years old, a legal guardian must present while reading the Term of Use. If you or your legal guardian does not agree with any clause or policy in this Term of Use, please stop using the Website immediately. Should the user continue using the GIGABYTE Website, the user and his or her legal guardian are impliedly agreeing with all policies, statements and content contained in the Term of Use. GIGABYTE reserves the right to amend at any time any content in this Term of Use and each such modification shall be effective upon posting on the Website. If you or your legal guardians do not agree with any amendment(s) made, please immediately refrain from using the information or services on the GIGABYTE Website. This Term of Use may reference other guidelines, notices, agreements or other terms and conditions of Website event provided by GIGABYTE or any information contained in the Website, and such reference shall constitute an integral part of this Term of Use.

2. Some content in the Website may be provided by third parties, and this Website may also enable you to access to third parties’ services or websites. If you decide to utilize services or websites provided by a third party, you shall be subject to the conditions and terms between you and such third parties. GIGABYTE will be responsible for neither the agreement between you and such third parties nor any service provided by such third parties.

3. All information and services (including but not limited to written text, applications, software, music, sounds, images, photos, animations, website format, website arrangements and any other types of information) provided on this Website belong to GIGABYTE and its right-owners and are protected under relevant ownership, copyright, trademark, patent or other laws. Any person or entity are prohibited to reproduce, distribute, adapt, edit, broadcast publicly, transmit publicly, transfer, lease, sell, or illegal use any prior mentioned information without obtaining a written authorization from GIGABYTE. In the event that an infringement of an intellectual property right is done by a user, the user shall undertake all legal liabilities and GIGABYTE reserves the right to pursue further legal action(s) against such infringement.

4. Any downloads and/or installations of software provided through the GIGABYTE Website are subject to and restricted by the license agreement of the software itself. Do not download, install or use the software if you do not agree with any statements, restrictions or terms and conditions in the license agreement. Do not reproduce the software to other servers or media formats. All modifications, reverse engineering, de-compiling, or disassembling on the software, as well as removal or alteration of trademark(s), logo(s) or attention notes connected with the software are strictly prohibited.

5. Any users who would like to browse or use any services and information provided by the GIGABYTE Website should comply with applicable laws and regulations, and shall not conduct the following actions:
(1) Instigate or participate in any illegal behavior(s) or activities by using the services and information provided by the GIGABYTE website.
(2) Interfere with or interrupt any GIGABYTE website services or server connections.
(3) Create links to the GIGABYTE website for profit or the resale of GIGABYTE internet services.
(4) Post, transmit, or distribute any misleading or deceptive advertisements or promotional information in respect of the GIGABYTE Website.
(5) Transmit any information with the potential to infringe the legal rights of other parties.
(6) Transmit any illegal information, instigate illegal activities, or aid or abet in the illegal activities of other parties.
(7) Transmit the information that is illegal under applicable domestic or international laws.
(8) Utilize the GIGABYTE Website to transmit any information (including but not limited to text, messages, images, files, links, software or any formats of information) that is malice, impropriety, breach of law, threatening, interference, aspersions, vulgarity, obscenity, inciting hatred or any forms of adverse communication.
GIGABYTE reserves the right to delete any words, material or content contained within the GIGABYTE Website which GIGABYTE considers is improper or inappropriate.

6. Any persons or entities who intends to use the information or service(s) on the GIGABYTE Website, and transmits or registers his or her personal information on the Website shall guarantee the genuineness of the personal information. Should there be any false or forged information is found, he or she shall undertake the legal obligations by himself or herself. GIGABYTE uses all registered or transferred personal information in accordance with its Privacy Policy. GIGABYTE shall not disclose any names, addresses, email addresses and/or other protected personal information to another party or the public without each respective user’s valid consent unless one of the following situations happens, or the respective terms of use or privacy policy provides exceptions.
(1) As required by law.
(2) As required by any judicial or government authorities for the purpose of law enforcement.
(3) In order for the protection of rights and property belonging to GIGABYTE.
(4) In order for the protection of the safety of other users, registrars, and/or third parties.
(5) GIGABYTE will not sell or supply any personal information provided by Website users or registrars to any third parties (individuals, companies or other). However, GIGABYTE and its affiliates have the right to use any information provided by users or registrars for GIGABYTE’s marketing or sales purposes.

7. Although GIGABYTE has conducted a reasonable verification for material it publishes on the Websites, all information provided on the Website is intended to be "as it is" conditions, and GIGABYTE does not guarantee the effectiveness, suitability, accountability and/or non-potential infringement of right(s) or otherwise of the contents on the Website. Further, GIGABYTE assumes no liability for any direct, indirect, incidental, consequential or special losses or damages due to the following circumstances:
(1) Utilization of any information and services provided by GIGABYTE Website;
(2) Interruption or unavailability of any GIGABYTE Website information or service;
(3) Due to the error or inaccurate information or any technical error resulting from any equipment or program utilized by you or this Website;
(4) Unauthorized revision of this Website by a third party.
Additionally, in no event shall GIGABYTE assume any responsibility for any loss or damages due to missing or inaccurate web content, spelling errors, miscalculations or delays or deferrals in updating information or the like.

8. All users of the GIGABYTE Website must fully comply with the Copyright Act, Trademark Act, Criminal Law, Personal Information Protection Act, and any other applicable law and regulations, and shall be abided by the GIGABYTE Terms of Use and other terms and conditions provided by GIGABYTE from time to time. In the event of a breach of this Term of Use, GIGABYTE shall be able to, at any time, stop the user to access or use any services provided by/through GIGABYTE. GIGABYTE further reserves the right to pursue legal action for any loss or damages arising out of or in connection with any conduct or activities made by the user. The infringer and his or her legal guardian (if any) shall undertake the legal obligation jointly (including reasonable attorneys' fees and court costs).

9. GIGABYTE will not be responsible for any information uploaded, transmitted, input or provided to this Website by you and none of such information represents the opinion of GIGABYTE.
You hereby grant GIGABYTE, its affiliates, a worldwide, non-exclusive, non-revocable, royalty-free, transferable, and sub-licensable right to promote and distribute part or all of the Information in any form in any media format, including without limitation to modify, reproduce, publicly broadcast, publicly transmit, adapt, distribute, publish, publicly release, or otherwise use the Information uploaded, transmitted, input or provided to this Website by you.
You need to ensure that you have the right to upload, transmit, input or provide Information to this Website and the right to grant GIGABYTE the above mentioned rights.
If the information uploaded, transmitted, input or provided to this website by you is found to be an infringement of any third party IPR, GIGABYTE reserves the right to remove it or terminate your access to the Website. If you believe that such content or services are not infringing, you may notify GIGABYTE and provide supporting evidence for GIGABYTE’s evaluation.


10. When you register as a member of this Website, you are required to provide true, accurate, current, and complete information about yourself.
You will be responsible for the confidentiality of your password and user name of your account.
If GIGABYTE finds that the account or password of GIGABYTE Account had been misappropriated, GIGABYTE may immediately suspend or terminate the account's password, account or its use of this Website, or remove related Information related to such account.
You shall comply with this Term of Use and all applicable laws and regulations. GIGABYTE reserves the right to verify the validity of your qualification at any time during or after any Website Event, and reserves the right to disqualify you from any Website Event including your prize qualification if your conduct constitutes any misconduct for tampering or suspicion of tampering with Website Event. GIGABYTE’s failure to enforce any of its rights hereof does not constitute a waiver of those rights.

11. Any conflict or disputes arising from the use of any GIGABYTE Website are governed by the laws of Republic of China. In the event where the dispute cannot be initially resolved through alternative dispute resolution procedures, the Taipei District Court (Republic of China) will be the court of initial hearing.