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Terms and Conditions

 

1. ACCEPTANCE OF THESE TERMS AND CONDITIONS:

By using and/or visiting SLI Community, you signify your assent to both these terms and conditions (the “Terms and Conditions”) and NVIDIA’s Privacy Policy, which is found at http://www.nvidia.com/object/privacy_policy.html as well as NVIDIA’s general terms and conditions, which are found at http://www.nvidia.com/object/legal_info.html, and both of which are incorporated herein by this reference. If you do not agree to any of these Terms and Conditions, NVIDIA’s Privacy Policy, or NVIDIA’s general terms and conditions, then please do not use this SLI Community.

2. USER ACCESS TO SLI COMMUNITY:

A. NVIDIA hereby grants you permission to visit and use SLI Community as set forth in these Terms and Conditions, provided that: (i) your use of SLI Community as permitted is solely for your personal, noncommercial use; and (ii) you will not copy or distribute any part of SLI Community in any medium without NVIDIA’s prior written authorization.

B. In order to access SLI Community, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. We recommend that you not allow another person to use your account, as you are responsible for postings that are submitted from your account. You must notify NVIDIA immediately of any breach of security or unauthorized use of your account. Although NVIDIA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NVIDIA or others due to such unauthorized use.

C. You agree not to collect any personally identifiable information, including account names, from SLI Community, or to use the communication systems provided by SLI Community for any commercial solicitation purposes.

D. NVIDIA reserves the right to discontinue any aspect of SLI Community at any time.

3. USER SUBMISSIONS TO SLI COMMUNITY:

A. SLI Community permits the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, NVIDIA does not guarantee any confidentiality with respect to any submissions. The name of User will be published alongside each User Submission.

B. You shall be solely responsible for your User Submissions and the consequences of posting them onto SLI Community. In connection with User Submissions, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NVIDIA to use all patents, trademarks, trade secrets, copyrights, rights of publicity and privacy, and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by SLI Community and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable person in the User Submissions to use the name or likeness of each and every such person to enable inclusion and use of the User Submissions in the manner contemplated by SLI Community and these Terms and Conditions.

C. You further agree that you will not: (i) publish falsehoods or misrepresentations that could damage NVIDIA or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (v) impersonate another person.

D. By submitting the User Submissions to NVIDIA, you hereby grant NVIDIA a royalty free, perpetual, non-exclusive, unrestricted, assignable, worldwide right and license to use, reproduce, edit, modify, distribute, prepare derivative works of, display, and perform the User Submissions in connection with SLI Community and NVIDIA (and its successor's) business, including without limitation for promoting and redistributing part or all of SLI Community (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter developed. You also hereby grant each user of SLI Community a non-exclusive license to access your User Submissions through SLI Community, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of SLI Community and under these Terms and Conditions.

E. NVIDIA does not endorse any User Submission or any opinion or advice expressed therein, and NVIDIA expressly disclaims any and all liability in connection with User Submissions.

4. THIRD PARTY RIGHTS / DMCA:

NVIDIA complies with the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or an agent thereof and believe that any User Submission infringes upon your copyrights, please see NVIDIA’s DMCA policy, which is found at [link].

5. ABSOLUTE DISCRETION TO PUBLISH / LAW ENFORCEMENT:

NVIDIA reserves the right, at any time and in its sole discretion, to remove, block, deny access to, refuse to post, edit or modify any User Submissions. NVIDIA also reserves the right at all times and in its sole discretion, to use and disclose any information contained in the User Submissions and as collected by the registration process as may be necessary to comply with any law, regulation, governmental request, or court order.

6. GENERAL DISCLAIMERS:

NVIDIA, its parents, subsidiaries, affiliates, partners, advertisers and third party content providers are not liable in any way for the conduct of any user in connection with SLI Community and are not responsible for: (i) any mistakes or errors made from or contained within User Submissions; (ii) any failures, delays or interruptions in the delivery of such materials; or (iii) any illegal material contained within User Submissions. You understand that when using SLI Community, you will be exposed to materials from a variety of sources, and that you may be exposed to 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 NVIDIA with respect thereto.

7. INDEMNITY:

You hereby represent and warrant that you own or otherwise control all of the rights to your User Submissions and that no use of the User Submissions will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold NVIDIA, its parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, costs, and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of and access to SLI Community; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any claim that one of your User Submissions infringed the rights of a third party. This defense and indemnification obligation will survive these and your use of SLI Community.

 

8. APPLICABLE LAW:

SLI Community is controlled and offered by NVIDIA from its facilities in the United States of America. Those who access or use SLI Community from other jurisdictions do so at their own volition and are responsible for compliance with local law. These Terms and Conditions are governed by the laws of the State of California, United States of America, without giving effect to conflict of law rules. Those who access or use SLI Community submit themselves to the exclusive jurisdiction of the State and federal courts sitting in Santa Clara, CA.

9. INTEGRATION:

 

These Terms and Conditions, together with the privacy notice at http://www.nvidia.com/object/privacy_policy.html as well as NVIDIA’s general terms and conditions, which are found at http://www.nvidia.com/object/legal_info.html, constitute the entire agreement between you and NVIDIA with respect to the subject matter hereof and supersede and cancel all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

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