Effective Date: March 15, 2007
Please Read Carefully Prior To Using This Website
Use of this HGST, Inc., (“HGST”) website (this “Website”) is governed by the terms and conditions below (“Terms of Use”). By using this Website you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.
Although we operate internationally, the servers that host this Website are located in the United States, and any personal details you provide will be primarily processed by HGST in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy. HGST expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. HGST makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the laws of the State of New York will govern all matters between you and HGST with respect to your use of this Website.
Intellectual Property Rights
Ownership of Intellectual Property
Authorized and Prohibited Uses
User Content
Registration and Passwords
Compliance with the Digital Millennium Copyright Act
Software Downloads
Restricted Rights
Website and Registration Administration
Access Arrangements and Fees
Linking
Authority of Website Administrator
Good Samaritan Policy
Import/Export Control
Your Obligations
Compliance
Unsuitable Content or Conduct
Functional Compatibility and System Abuse
Cooperation and Notification
Third Party Sites and Other Information
Warranty Disclaimers
Limitations on Liability and Remedies
Indemnification
Other Important Information
Separate Terms and Conditions
Privacy Policy
Dispute Resolution and Applicable Law and Forum
Modification of Terms of Use and Privacy Policy
Contacting Us
Intellectual Property Rights
Ownership
All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of HGST, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms of Use.
Authorized and Prohibited Uses
You may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
User Content
Except as provided in our website Privacy Policy, any Content that you submit to this Website or HGST (“User Content”) will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by HGST, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Website or HGST except for Content that is fully authorized for purposes of this Website and these Terms of Use, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that HGST shall have, and hereby grant to HGST, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or HGST. HGST does not endorse any User Content, or third party product or service that may appear on this Website. Nothing in these Terms of Use shall obligate HGST to use any User Content you submit or permit the posting of such Content on this Website.
Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. If we do require a password and registration details, the details you provide must be correct, current, and complete. If HGST believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Compliance with the Digital Millennium Copyright Act
HGST respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
(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 are covered by a single notification, a representative list of such works;
(c) Identification of the Content 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 the information reasonably sufficient to permit HGST to locate the Content;
(d) Information reasonably sufficient to permit HGST to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact HGST’s Copyright Agent at:
HGST, Inc.
Intellectual Property Department
3403 Yerba Buena Road
San Jose, CA 95135
Software Downloads
Any HGST software that is made available to download from this Website ("Software") is the copyrighted work of HGST and/or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (“EULA”) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. As a condition of downloading software from this Website, you agree that you will not use such software in a manner contrary to any export control laws and regulations, including but not limited to U.S. and Japanese laws and regulations. Such prohibited usages include but are not limited to usages related to the development, design, product, delivery, or use of chemical, biological, or nuclear weapons. Diversion contrary to U.S. and Japanese law is prohibited. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. or Japanese export control regulations. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
Website and Registration Administration
Access Arrangements and Fees
Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by HGST in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.
At this time, we do not charge a fee to use this Website, but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by you and HGST or unless otherwise required by HGST. HGST shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
Linking
No link shall be made to any page of this Website except a direct link to the top page (www.hgst.com/) without framing. In addition, any link to this Website must be immediately followed by notice to HGST via e-mail at feedback@hgst.com.
Moreover, in the event HGST deems your linking practices in relation to this Website to be inappropriate, HGST may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of HGST relating thereto.
Authority of Website Administrator
HGST may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms of Use, the Content or any link at any time without liability or prior notice. HGST may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.
Good Samaritan Policy
It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable, or restrict access to the availability of Content on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon HGST any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.
If you believe that someone has violated this policy, we ask you to promptly notify our Customer Service department by email at support_usa@hgst.com or by phone