Acceptance of Contract Terms
LEGAL NOTICE - PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS SITE
This legal notice is an enforceable
agreement between you and PNY Technologies, Inc. ("PNY").
All uses of this PNY website (the “Site”) are subject to the terms and conditions
of this legal notice (the “Terms”). By accessing, browsing and/or using
this Site, you acknowledge that you have read, understood, and agree, to be bound
by these Terms and to comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not agree to these
Terms, do not use this Site or download any Materials (as defined below) from it.
The text, graphics, sounds,
music, videos, trademarks, service marks, logos, files, software or other information
found on the Site (the "Materials") are protected by copyright, trademark and other
intellectual property laws, including, but not limited to, United States Copyright
Law and international treaties. The
copyright in all Materials provided on this Site is held by PNY or by the original
creator of the Materials. Any unauthorized
use of any Materials contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and statutes. No title or intellectual property rights
are transferred to you or any third party through the use of or access to the Site.
All rights, title, and interest in and to all aspects of the Site remain the sole
property of PNY.
License Grant and
You may browse the Site
for personal entertainment and information, and may download one copy of the Materials
on a single computer for your personal, non-commercial internal use only.
Except as stated herein
or specifically authorized otherwise under prior written permission of PNY, you
may not: (a) copy, distribute, republish, download, display, post, modify, transmit
or revise the Materials or use them for any commercial purpose, or any public display,
performance, sale or rental; (b) decompile, reverse engineer, or disassemble software
Materials except and only to the extent permitted by applicable law; (c) remove
any copyright or other proprietary notices from the Materials; (d) transfer the
Materials to another person; or (e) "mirror" any Materials contained on this Site
on any other server..
Except as permitted in the foregoing, all reproduction, alteration, redistribution,
re-publication, downloading, display, notification or transmission of any Materials
on the Site is expressly forbidden in total or in part, in any format, by any means,
without the express prior permission of PNY.
PNY will enforce its rights to the full extent of the law against any unauthorized
commercial use of any Materials residing on this Site.
All permissions granted hereunder
terminate automatically if you breach any of these Terms. Upon termination, you
must immediately destroy any downloaded and printed Materials.
Revision of Terms
PNY may revise these
Terms at any time by updating this legal notice. By using this Site, you agree to
be bound by any such revisions and should visit this page from time to time to review
the then current Terms to which you are bound.
Certain provisions of these Terms may be superseded by additional express
legal notices or terms posted on particular pages of the Site. Continued use of
the Site following any change constitutes acceptance of the change.
AND THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY,
OR FITNESS FOR ANY PARTICULAR PURPOSE. PNY and its affiliates, agents, third party
suppliers and service providers further do not warrant the accuracy or completeness
of the information, text, graphics, links or other items contained within the Materials.
PNY may make changes to the Materials and the Site at any time without notice. PNY
makes no commitment to update the Materials or the Site. Neither PNY nor its affiliates,
agents, third party suppliers or service providers warrant that the Site or associated
server computers are free of viruses or other harmful components. You solely (and
not PNY) assume the entire cost of all necessary servicing, repair, or correction
to your equipment, computers, software, or data resulting in any way from viewing
or downloading the Materials or otherwise using the Site.
This Site is controlled and operated
by PNY from its offices within the
United States . PNY makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their contents
are illegal is prohibited. Those who choose to access this Site from other locations,
do so on their own initiative and are responsible for compliance with applicable
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL PNY OR ITS AFFILIATES, AGENTS, OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, WHETHER IN CONTRACT, TORT
OR OTHERWISE, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF PNY OR A PNY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN
THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY
COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
Except as otherwise expressly
specified in our Privacy Statement (at
http://www3.pny.com/privacy.aspx), on the Site pages or in these Terms, any information,
communications or materials that you post or transmit to the Site ("Communications")
are, and will be treated as, non-confidential and non-proprietary, and shall forever
be the exclusive property of PNY. By transmitting or posting any Communications
on the Site, you grant to PNY or its designees a perpetual, royalty-free, fully
paid-up world-wide license to use, distribute, sublicense, lease and market (directly
or indirectly through agents and distributors), display, perform, modify and have
modified, reproduce, copy and have copied, publish and prepare derivative works
thereof in any form and format and in any media in existence or hereinafter developed,
the Communications and any and all information contained therein. PNY and its designees
will be free to copy, disclose, distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things embodied therein for any and
all commercial or non-commercial purposes.
You may not post or transmit
any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent
or profane material, or any material that could constitute or encourage conduct
that would be considered a criminal offense or violate any law or regulation.
You represent and warrant that: (a) the information you provide to PNY on any forms
on the Site is true and accurate; (b) you will at all times comply with all applicable
laws, rules, and regulations with respect to your use of the Site; (c) you will
not use the Site in connection with making Communications or otherwise, to infringe,
misappropriate or violate the rights of PNY or third parties; (d) you will only
make Communications of information to which you have sufficient rights to grant
the license set forth above; (e) you will not knowingly include in Communications
or otherwise introduce to the Site, any viruses or other items of a destructive
nature; and (f) you will comply at all times with these Terms for the Site as they
may be amended from time to time by PNY.
By accessing and/or using the Site under these Terms, you further agree to and authorize
all PNY policies under its Privacy Statement, including but not limited to policies
regarding disclosure of personally identifiable information.
You agree that all use of personally identifiable information submitted by
you to PNY via any forms on the Site is governed by the terms of PNY's Privacy Statement.
If you are granted access to any protected areas of the Site by a password protected
account, you agree to be responsible for maintaining the confidentiality of the
password(s) of such account(s), and to be fully responsible for all activities that
relate to the use or misuse of your password(s). You agree to notify PNY immediately
of any unauthorized use of your password(s).
You agree that with respect to any special promotions, offers, sweepstakes, or other
like activities offered on the Site, that you will abide by the rules established
by PNY for such activities as described on the Site.
You agree that use of any software available for downloading from this Site is governed
by the terms of the applicable license agreement accompanying or included with the
You will indemnify and hold harmless PNY against any and all judgments, settlements,
penalties, costs and expenses (including attorneys' fees) paid or incurred in connection
with claims due to, resulting from or arising in connection with Communications
made distributed, displayed, transmitted or published by you, including but not
limited to those attributable to (a) infringement, misappropriation or violation
of any copyrights or other proprietary rights of any third party, and (b) errors
in or omissions from such Communications.
Government Restricted Rights
The Materials are provided
with "RESTRICTED RIGHTS." Use, duplication or disclosure of the Materials by the
U.S. Government and parties acting on its behalf is governed by, and subject to
the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Use of the Materials by the Government constitutes acknowledgment of PNY's proprietary
rights in them.
Links To Or From
Third party websites
may be linked to or from the Site. Such linked sites are not under the control of
PNY, and PNY is not responsible for the content of any linked site or any link contained
in a linked site. PNY reserves the right to terminate any link or linking program
at any time. PNY does not endorse companies or products to which it links, unless
it expressly states otherwise. If you decide to access any of the third party site
linked to the Site, you do this entirely at your own risk.
You may provide links
to the Site from other sites provided that (a) you link only to the Site home page,
(b) you do not remove or obscure, by framing or otherwise, any identifications,
advertisements, copyright notice, or other notices on the Site, (c) you give PNY
notice of such link via e-mail or certified postal mail, and (d) you discontinue
providing links to the Site if requested by PNY.
relating to, and the use of, this Site and the Materials contained herein is governed
by the laws of the State of New Jersey ,
and you agree to personal jurisdiction and convenient forum therein.
You may terminate your access to the Site at any time. PNY may suspend or discontinue
providing the Materials to you with or without cause and without notice. PNY may
pursue any other remedy legally available to it if you fail to comply with any of
your obligations hereunder.
Except as otherwise provided herein, all notices and other communications hereunder
shall be in writing or displayed electronically on the Site by PNY. Notices shall
be deemed to have been properly given: 1) on the date deposited for postal mail;
2) on the date first made available, if displayed in the Site; or 3) on the date
received, if delivered in any other manner. Notices to you may be sent to any of
the addresses provided by you on any form on the Site. Except as expressly directed
otherwise by PNY herein or elsewhere in the Site, notices to PNY should be sent
to: PNY, Inc., Parsippany, H.Q., 100 Jefferson Rd., Parsippany, NJ 07054-0218,
The failure of PNY to enforce any provision hereof shall not constitute or be construed
as a waiver of such provision or of the right to enforce it at a later time.
You may not assign your rights or delegate your duties under these Terms.
These Terms constitute the entire agreement between the parties with respect to
the subject matter hereof. All prior agreements, understandings, negotiations or
representations, whether oral or in writing, relating to the subject matter hereof
are superseded and canceled in their entirety.
If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties
agree that the remaining provisions hereof will not be affected thereby, that the
provision in question may be replaced by the lawful provision that most nearly embodies
the original intention of the parties, and that these Terms for the Site will in
any event remain valid and enforceable.
© 2008 PNY. All rights reserved.