Terms of Service


NZXT TERMS OF SERVICE


Last updated on July 5, 2016

  1. Introduction

    Terms of Service (the “Terms of Service” or “Terms”) govern your use of this website and any other related web or mobile applications or Service (collectively, the “Service”) provided by NZXT, Inc. (“NZXT”), including without limitation the CAM performance monitoring software.


    These Terms also include and incorporate by reference NZXT’s Privacy Policy, found at nzxt.com/page/privacy, as well as any additional terms applicable to specific products or services.

  2. Updates to the Terms of Service

    NZXT reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time by
    posting the amended Terms on or within the Service. We may, in our sole discretion, provide additional notice of any changes, but it is your responsibility to periodically check the Terms of Service for changes. You will be deemed to have accepted any changes to the Terms by continuing to use the Service. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.


    If at any point you do not agree to any portion of the then-current version of our Terms of Service, you must
    immediately stop using the Service.

  3. How We Collect Information about You

    If you are under 13, you are not authorized to use the Service.


    You may be required to register an account to use certain aspects of the Service (an “Account”). You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by emailing us at support@nzxt.com.


    You may be required to register an account to use certain aspects of the Service (an “Account”). You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by emailing us at support@nzxt.com.


    When creating or updating an Account on the Service, you may be required to provide NZXT with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information may include personally identifiable information, and will be held and used in accordance with NZXT’s Privacy Policy. You agree that you will supply accurate and complete information to NZXT, and that you will update that information promptly after it changes.


    The following rules shall apply to your use of the Service:




      1. You may not use the Service for any commercial purpose unless expressly authorized by NZXT in these Terms or other applicable agreement

      2. You may not abuse, hack, attack, interfere with, or otherwise disrupt the Service or do anything contrary to these Terms

      3. You may not access the Service in a way that could violate applicable law, or in any manner not expressly authorized by NZXT under these Terms or in a separate written agreement

      4. You may not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages

      5. You may not use the Service to infringe on the intellectual property rights of others, to obtain personal information of others with out authorization, or to otherwise violate applicable law

      6. You may not use the Service to harass, threaten, or abuse others, or post obscene, pornographic, or otherwise objectionable materials

      7. You may not collect or post anyone else’s personal information, including personally identifiable information, in any form on the Service or elsewhere
  4. Suspension and Termination of Account

    NZXT reserves the right to suspend or revoke your Account and/or your access to the Service or any part thereof for any reason.

    NZXT reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time either
    permanently or temporarily. In such event, NZXT shall have no liability in connection with such discontinued elements of the Service, and shall not be required to provide refunds, benefits or other compensation to users.

  5. Store

    The Service contain an online store where you can purchase NZXT products and services, which is located at store.nzxt.com (the “Store”). NZXT may use third-party service providers to operate the Store and/or process payments. In such cases, the third-party service provider service terms and privacy policies govern your use of the Store and online purchases.

    NZXT strives to make the descriptions of its products and services as accurate as possible, but NZXT does not warrant that any such descriptions are complete, accurate, up-to- date, or error-free. If you purchase an NZXT product and you believe it is not as
    described on the Service, your sole remedy is to return the product in accordance with NZXT’s return policy, which is incorporated as part of these Terms and is found at store.nzxt.com/pages/warranty-returns-exchanges.

    Products purchased on the Store carry NZXT’s standard limited warranty, found at nzxt.com/page/warranty.

  6. Intellectual Property Rights

    Information We Receive From a TPS

    The Service, including without limitation any patents, trademarks, CAM and all other software (Including source and object code), and other copyrightable materials incorporated in or displayed on the Service, is owned by NZXT. NZXT reserves all rights, including
    without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on, any element of the Service except as expressly authorized by NZXT.

    Subject to these Terms, NZXT grants you a personal, non-transferable, non-exclusive license to use the Service, provided that such license does not include the right to broadcast, copy, or incorporate any aspect of the Service, including but not limited to any NZXT or third party trademark, service mark, trade dress, or information (including other users’ personal information), outside of the
    Service.

  7. User Content

    “User Content” means any information, data, text, images, sounds, or other material posted, uploaded, stored, or transmitted on the Service by you.

    By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property comprises the User Content; © free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by NZXT in accordance with its Privacy Policy.

    NZXT claims no ownership over your User Content. By submitting, posting, or displaying User Content via the Service, you grant NZXT a perpetual, worldwide, non-exclusive, royalty-free,msublicensable license to use, reproduce, modify, publish, distribute, and exploit the User Content for any purpose in all media now known or hereafter devised.

  8. Responsibility for User Content

    All User Content is the sole responsibility of the user from which the User Content originated. You also acknowledge that NZXT does not guarantee the security of any User Content you transmit to the Service; if you wish to keep any User Content or other information of yours a secret, do not post it to the Service. You agree that NZXT has no responsibility or liability for deletion or failure to store any User Content posted, stored, or transmitted via the Service.

  9. Monitoring of User Content

    NZXT shall have the unlimited right, but not obligation, to monitor all content, including User Content, appearing on the Service, and NZXT reserves the right to edit, remove, or refuse any User Content for any reason in its sole discretion. NZXT will have no
    responsbility to ensure that User Content is appropriate.

  10. Submissions

    If you submit suggestions, proposals, comments or other materials within the Service, including but not limited to all correspondence and communication with NZXT personnel and third party support personnel contracted by the NZXT (collectively “Submissions”), you understand and agree that NZXT (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or
    compensation to you.

  11. Disclosure of Information

    Your User Content, and the contents of all of your online communications (including without limitation chat text, voice
    communications, IP addresses and your personal information) are not confidential. Such information may be accessed, monitored, and used as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to
    disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any
    applicable laws or regulations (iii) where we believe that the Service are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of NZXT, including to enforce these
    Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

  12. Third Party Advertising and Links

    You understand that the Service may feature advertisements from NZXT or third parties. NZXT’s disclosure of information for third party advertising is addressed in NZXT’s Privacy Policy. NZXT may provide links on the Service to third party webService or
    vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. NZXT makes no
    representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the
    Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked Service are not under the control of NZXT and may collect data or solicit personal information from you. NZXT is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those Service may collect.
    Further, the inclusion of any link does not imply endorsement by NZXT of these linked Service.

  13. Copyright Notices and Complaints

    It is NZXT’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

    If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, you may
    provide notice of your claim to NZXT at the address listed below. For your notice to be effective, it must include the following
    information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly
      infringed;
    2. A description of the copyrighted work that you claim has been infringed upon;
    3. A description of where the material that you claim is infringing is located;
    4. Information reasonably sufficient to permit NZXT to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
    5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. 6. 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.

    Please notify us of copyright claims by emailing us at support@nzxt.com.

    If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-

    notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.

    To file a counter-notification with us, you must provide us with a written communication sent to NZXT at support@nzxt.com setting forth the following items:

    1. An identification of the URLs or other unique identifying information or material that NZXT has removed or to which NZXT has disabled access;
    2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
    3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your physical or electronic signature.

    NZXT reserves the right to terminate without notice any user’s access to the Service if that user is determined by NZXT in its sole discretion, to be a “repeat infringer”; In addition, NZXT accommodates and does not interfere with standard technical measures used by copy right owners to protect their materials.

  14. Updates to the Service

    You understand that the Service are constantly evolving. NZXT may require that you accept updates to the Service, and may
    automatically update the Service at any time with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use NZXT’s software and hardware.

  15. Indemnity

    You agree to indemnify, save, and hold NZXT, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “NZXT Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. NZXT reserves the right, at your expense, to assume the exclusive defense and
    control of any matter for which you are required to indemnify NZXT, and you agree to cooperate with NZXT’s defense of these claims.
    NZXT will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

    You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

  16. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
      WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD).
    2. NZXT DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
    3. YOU USE, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AT YOUR OWN RISK, AND NZXT IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
    4. NO ADVICE OR INFORMATION OBTAINED FROM NZXT SHALL CREATE ANY WARRANTY NOT STATED IN THESE TERMS.
  17. LIMITATION OF LIABILITY

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR
    INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NZXT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
    INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR
    INABILITY TO USE, THE SERVICE.

    YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NZXT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NZXT LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SERVICE, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SERVICE AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  18. EXCLUSIONS

    NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
    WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY
    NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
    ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  19. DISPUTE RESOLUTION
    1. Arbitration
    2. If a dispute arises between you and NZXT, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer
      support team. If any dispute cannot be settled informally, you and NZXT agree to resolve any claim or controversy at law or equity relating to these Terms or the Service (a “Claim”) through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the
      arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and © any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

    3. Applicable Law
    4. This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California in connection with any entrance of an arbitrator’s judgment or decision or any dispute with respect to the arbitration process or procedure or NZXT’s exercise of its equitable rights or remedies set forth herein.

    5. Improperly Filed Claims
    6. All claims you bring against NZXT must be resolved in accordance with this Legal Disputes Section. All claims filed or brought
      contrary to these Terms shall be considered improperly filed. Should you file a claim contrary to these Terms, NZXT shall be entitled to recover attorneys’ fees and costs up to $5,000, provided that NZXT has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

  20. DISPUTE RESOLUTION

    Assignment.

    NZXT may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without NZXT’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

    Supplemental Policies

    NZXT may publish additional policies related to specific services or products. Your right to use such services is subject to those specific policies and these Terms of Service.

    Entire Agreement

    These Terms of Service, including any End User License Agreements or other terms applicable to specific NZXT products or services, contain the entire understanding between you and NZXT, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

    No Waiver

    The failure of NZXT to require or enforce strict performance by you of any provision of these Terms of Service or failure to exercise any right under them shall not be construed as a waiver or relinquishment of NZXT’s right to assert or rely upon any such provision or right in that or any other instance.

    The express waiver by NZXT of any provision, condition, or requirement of these Terms of Service or the NZXT Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

    Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by NZXT shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of NZXT.

    Notices

    We may notify you via postings on the Service and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States, all notices given by you or required from you under these Terms of Service shall be in writing and addressed to: Terms of Service Department, NZXT Corporation, 13164 E Temple Ave, City of Industry, CA 91746.

    Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

    Equitable Remedies

    Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, NZXT has the following equitable rights and remedies.

    You acknowledge that the rights granted and obligations made under these Terms of Service to NZXT are of a unique and irreplaceable nature, the loss of which shall irreparably harm NZXT and which cannot be replaced by monetary damages alone. Accordingly, NZXT shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or roof of damages) in the event of any breach or anticipatory breach by you.

    You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages (if any).

    Severability

    You and NZXT agree that if any portion of these Terms of Service is found to be unenforceable by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such unenforceability, and the remaining Terms shall continue in full force and effect.

    No Third Party Beneficiaries

    Except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.

PRIVACY POLICY

Last updated on July 5, 2016

NZXT’s Privacy Policy is designed to provide clarity about the information we collect and how we use it. By using our websites,
products, or services, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

Table of Contents

  1. Introduction
  2. Information We Collect
  3. How We Collect Information About You
  4. How We Use the Information We Collect
  5. Sharing of Your Information
  6. How to Access and Update Your Information
  7. Opting Out of Promotional Communications
  8. Our Policies Concerning Children
  9. International Operations and Transfers out of Switzerland and the EEA
  10. Privacy Policies of Linked Service and Advertisers
  11. Security of Your Information
  12. Changes to Our Privacy Policy
  13. Your California Privacy Rights
  14. Contact Us
  1. Introduction
  2. NZXT offers certain websites, products, services, and applications (including CAM) to end users (collectively, the “Service”). In this policy, “NZXT” refers to NZXT, Inc. We may also refer to NZXT as “we” or “us”.

    This Privacy Policy describes:

      1. the information we collect, how we do so and the purposes of our collection
      2. how we use and with whom we share such information
      3. how you can access and update such information
      4. the choices you can make about how we collect, use and share your information
      5. how we protect the information we store about you

    If you have questions regarding this Privacy Policy or our collection and use of information, please contact us as described in the “Contact Us” section below.

    If NZXT offers you the ability to access our Service from a third party site or service (“TPS”), you may also be required to also read and accept that TPS Terms of Service and Privacy Policy to use our Service.

    This Privacy Policy is one portion of our Terms of Service, found at nzxt.com/page/terms, which governs your use of the Service. Any disputes arising out of or relating to this Privacy Policy will be dealt with according to the dispute resolution procedures outlined in our Terms of Service.

  3. Information We Collect
  4. Information about You Received from a TPS

    If you are able to access or use the Service at a TPS, NZXT may receive or be able to access certain information about you from that TPS. By accessing the Service through the TPS, you authorize NZXT to access and store such information. You may be able to
    control and find out more about these settings at the TPS where you access or use our Service. For example, NZXT may access and store your name, profile picture, location, gender, and other information as allowed by you, the TPS, and your preferences.

    Information We Collect from You Directly

    When you interact with the Service, we may collect and store information from you directly as described below:

    Registration Information

    You may be required to provide the following information in order to use the Service: your age or birthday (for age screening and/or to better understand who our users are); your first and last names; your e-mail address; a password and other information that helps us confirm that it is you accessing your account.

    We may also offer you the option to complete a user profile that is visible to other NZXT users. Your user profile may include: a profile photo; your name or username; your gender; biographic details that you provide; links to your profiles on various TPS’s; and an NZXT user ID number that is created by NZXT and used to identify your profile.

    Payment Information

    If payments are possible via the Service, NZXT may have access to your payment information, including credit card details, in order to process your purchases or other transactions within the Service. If NZXT uses a third party payment processor to process payment on the Service, the third party service provider may collect your payment information, which will be governed by the third party
    service provider’s terms of service and privacy policy.

    Customer Support Correspondence

    When you ask for assistance from our customer support team, we may collect and store the contact information you provide
    (generally your name and e-mail address), information about your activity on the Service, and your user ID number, if any. We will also store the correspondence and any information contained within.

    Technical and Usage Information

    When you access the Service, we may collect (i) certain technical information about your mobile device or computer system,
    including MAC Address, IP Address and mobile device ID; and (ii) usage statistics about your interactions with the Service, and in some cases, such statistics will include information about your computer, its hardware components, and their performance.This information is typically collected through the use of server log files or web log files (“Log Files”), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer are linked to your user ID number(s). For more information on how we utilize cookies and other tracking technologies please review the “Cookies and Automated Information Collection” portion of Section 3 (“How We Collect
    Information about You”).

  5. How We Collect Information about You
  6. We may collect information about you in any one or more of the following ways:

    Information about Users

    When you use the Service, NZXT collects and stores certain information that you provide directly or through a TPS or via other third party Service or websites through which you accessed the Service. To provide a richer experience, we may also collect information about your use of and interaction with other people and the Service. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken in our Service.

    Communications Features

    When you use the Service, NZXT collects and stores certain information that you provide directly or through a TPS or via other third party Service or websites through which you accessed the Service. To provide a richer experience, we may also collect information about your use of and interaction with other people and the Service. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken in our Service.

      1. participating in forums and message boards
      2. posting public comments to other users’ profiles or message boards
      3. sending private messages to other users, either directly on our websites or to their e-mail accounts
      4. chat with other users
      5. posting photos

    We may record and store archives of these communications on NZXT’s servers to protect the safety and wellbeing of our users and NZXT’s rights and property in connection with the Service. You acknowledge and consent to the recording and storage of such communications for these purposes.

    Cookies and Automated Information Collection

    When you access the Service, we may collect certain technical information in order to (i) analyze the usage of the Service; (ii) provide a more personalized experience; (iii) provide information and recommendations to users of the Service, and (iv) manage advertising. We and Service providers acting on our behalf use Log Files and tracking technologies to collect and analyze certain types of
    technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of activity on our Service, and other similar information. In some cases, we will associate this information with your user ID number for our internal use. We may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects also known as flash cookies, which help us to prevent fraud, and speed up load times. You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit adobe.com and make changes at the privacy settings panel. If you disable cookies, you may lose some of the features and functionality of the Service. Please note that companies delivering advertisements through our Service may also use cookies or other technologies, and those practices are subject to their own policies.

    Other Sources

    We may collect or receive information from other sources including other NZXT users and third party information providers. Some specific aspects of the Service, including the CAM performance monitoring and analysis software, may also provide technical
    information about your computer and its performance to NZXT automatically.

  7. How We Use the Information We Collect
  8. In general, we collect, store and use your information to provide you with a safe, smooth, efficient, and customized experience. For example, we may use information collected from you in any one or more of the following ways:

      1. to create your accounts and allow use of our Service
      2. to identify and suggest connections with other NZXT users
      3. to identify and suggest helpful performance enhancements or upgrades
      4. to enable user-to- user communications
      5. to provide technical support and respond to user inquiries
      6. to prevent fraud or potentially illegal activities, and enforce our Terms of Service
      7. to deliver and target advertising
      8. to notify users of updates
      9. to solicit input and feedback to improve NZXT products and services and customize your user experience
      10. to inform users about new products or promotional offers
      11. to engage in commonly accepted practices, such as contacting you at the email address we have on file if you are a potential winner in a sweepstakes
  9. Sharing of Your Information
  10. We may share your information (in some cases personal information) with parties other than NZXT, in the following circumstances:

    Third Party Service Providers

    We may provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts. We direct all such third party service providers not to use your information for any purpose other than to provide Services on NZXT’s behalf.

    Third party site, platform or service operators may collect, or require that we provide, your information relating to the Service. Any information made available to such third parties will be used by them in accordance with their own privacy policies. You may be
    required to consent to, and be fully bound by, those third party privacy policies in order to access, purchase or otherwise use our Service through those third parties’ Service, platforms or services. We cannot control, and will not be responsible for, the contents of those third party privacy policies. We therefore advise you to carefully review their terms before accepting them.

    Advertising of Third Party Products and Services

    We may share (i) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (ii) anonymous information; and (iii) certain technical information (including IP Addresses, MAC Addresses for mobile devices and mobile device IDs) to develop and deliver targeted advertising in the Service and on the websites of third parties. We may also allow advertisers to collect these types of information within the Service and they may share it with us. Advertisers may collect this
    information through the use of tracking technologies like browser cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for
    products and Services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, you can visit the Network Advertising Initiative or the Digital Advertising
    Alliance.

    Our collection, use, and disclosure of anonymous or aggregated information are not subject to any of the restrictions in this Privacy Policy.

    Safety, Security and Compliance with Law

    Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary in NZXT’s discretion and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of NZXT, including to enforce our Terms of Service.

    Sale of Merger

    In the event that NZXT undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition. We will seek to notify you and other users through an update to our website or Terms of Service or this Privacy Policy of an
    aforementioned business transition involving a transfer of your personal information.

    Other Circumstances

    If an End User License Agreement or other terms apply to a specific part of the Service, then NZXT may collect and share your
    information under other circumstances outlines in such terms.

  11. How to Access and Update Your Information
  12. Information We Receive From a TPS

    To manage the information NZXT may receive about you from a TPS, you will need to follow the instructions at that site for updating your information and changing your privacy settings. You can sometimes manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application.

    Other Methods of Accessing and Controlling your Information

    If you no longer want NZXT to make active use of your information, you may send an e-mail to privacy@nzxt.com. Place “Delete My Account” in the subject line and include your first name, last name, e-mail address and user ID number for the SNS from which you access our Service (if applicable) in the body of the e-mail. Please note that certain records will be retained for legaland accounting purposes. If you have sent or posted content on the Service, we may not be able to delete it. Additionally, any information shared with a TPS may be retained by those third parties after we delete it from our records. Please consult the privacy policies of those TPS and SNS to learn about their removal procedures.

    If you wish to review or change the information NZXT has about you, or if you have additional questions about this Privacy Policy, contact us at support@nzxt.com.

  13. Opting Out of Promotional Communications
  14. Opting out of Promotional Communications

    You may choose to opt out of receiving additional promotional e-mails from NZXT by clicking on the “unsubscribe” link in any such e-mail. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.

    Opting Out of Other Communications

    You can opt out of receiving SMS messages by texting STOP to the number we send from for that particular SMS program. When we receive an opt-out message from you for SMS messages, we may send a message confirming our receipt of your opt-out.

    Note that if you opt-out of our Promotional Communications, we may still e-mail or communicate with you from time to time if we need to provide you with information or if we need to request information from you with respect to a transaction initiated by you or for other legitimate non-marketing reasons.

  15. Our Policies Concerning Children
  16. Our Service are not intended for anyone under the age of 13. Children under the age of 13 are not permitted to use our Service at any time. We do not knowingly collect personal information from children under age 13.

  17. International Operations
  18. NZXT may store information about site visitors on servers located in the United States, and NZXT may also store such information on servers and equipment in other countries. Personal data collected within Switzerland and the European Economic Area (“EEA”) may be transferred to, and stored at, a destination outside of Switzerland and the EEA. The data we hold may also be processed by
    employees operating outside of Switzerland and the EEA who work for us or one of our Affiliates or for one of our vendors. Such staff may be engaged in, among other things, (i) the processing of transactions and your payment details and (ii) the provision of support
    Services. By using the Service, you agree to this transfer, storing or processing.

  19. Privacy Policies of Linked Service and Advertisers
  20. The Service may contain advertisements from companies other than NZXT that may link to their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your
    information, you should review their policies and contact them directly.

  21. Security of Your Information
  22. NZXT implements reasonable security measures to protect the security of your information, and we are committed to the protection of customer information. It is important that you protect and maintain the security of your account and that you immediately notify us of any unauthorized use of your account.

    While we take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your TPS account is hacked, this may lead to unauthorized use of the Service, so be
    careful to keep your account information secure. If you have questions about the security of our websites, please contact us at
    support@nzxt.com.

  23. Changes to Our Privacy Policy
  24. We may make material changes to our Privacy Policy at any time by posting them on nzxt.com/page/privacy. Our posted Privacy Policy will indicate the date it was last updated, and the changes will take effect immediately. It is your responsibility to check
    periodically for updates. We may take additional steps to notify you by sending you a notice to the e-maiaddress we have on file for you, or by placing notices on other NZXT websites. Your continued use of the Service will signify your acceptance of any changes to the Privacy Policy.

  25. Your California Privacy Rights
  26. We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such
    disclosure, typically by “opting” in to receive information from a third party that is participating in a sweepstakes or other promotion on one of our Service. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our Service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third
    party, do not opt in to such use when you provide personal information on one of our Service.

    Users in certain jurisdictions have a right to access personal information held about themselves. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to privacy@nzxt.com

  27. Contact Us
  28. If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to
    support@nzxt.com.


    NZXT Corporation


    13164 East Temple Avenue
    City of Industry, CA 91746

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