Terms & conditions
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Dezign With a Z. The collective work includes works that are licensed to Dezign With a Z. Copyright 2008, Dezign With a Z. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Dezign With a Z or to purchase Dezign With a Z in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
2. Trademarks / Intellectual Property
All trademarks, service marks and trade names of Dezign With a Z used in the website (including but not limited to the Dezign With a Z name, the Logos & Designs) are trademarks or registered trademarks of GIGABYTE GRAPHICS, Inc. They may not be used without Dezign With a Z's prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of Dezign With a Z and/or its licensors.
3. Product Orders
All orders placed through the website are subject to Dezign With a Z's acceptance, which is in its sole discretion. Without limitation, this means that Dezign With a Z may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. In the event Dezign With a Z cancels an order that has been already paid, Dezign With a Z shall immediately issue a credit to your credit card account. Cancellation fee may apply.
For all orders placed on Dezign With a Z website, all sales are final, exchanges or in-store credit only. For returns and exchanges details please refer to the Returns & Exchanges policy displayed under the Shipping & Returns section on Dezign With a Z website.
4. User Generated Content
Dezign With a Z does not, and you agree that Dezign With a Z has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, "User Generated Content"), that Dezign With a Z is not in any manner responsible for User Generated Content, that Dezign With a Z does not guarantee the accuracy, integrity or quality of User Generated Content, and that Dezign With a Z cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, Dezign With a Z is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Dezign With a Z or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that Dezign With a Z has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Dezign With a Z
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT Dezign With a Z IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT.
5. Use of Information Submitted
You agree that Dezign With a Z is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the Dezign With a Z website), or contained in any communication you may send to Dezign With a Z or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
6. Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Dezign With a Z actual knowledge of facts or circumstances from which infringing material or acts are evident. Dezign With a Z's copyright agent for notice of claims of copyright infringement can be reached as follows:
Dezign With a Z – USA
850 Van Ness Avenue
San Francisco, CA 94109
We suggest that you consult your legal advisor before filing a notice with Dezign With a Z's copyright agent. You should note that there can be penalties for false claims under the DMCA.
Dezign With a Z may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
7. Third-Party Links
You agree to indemnify, defend, and hold harmless Dezign With a Z, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
10. Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Dezign With a Z DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Dezign With a Z DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dezign With a Z DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Dezign With a Z DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Dezign With a Z FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
11. Limitation of Liability
Dezign With a Z SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF Dezign With a Z HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your use of this website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Dezign With a Z products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in San Franisco County, California. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Dezign With a Z products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from Dezign With a Z. You agree that any notice, agreement, disclosure or other communication that Dezign With a Z sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Dezign With a Z's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Dezign With a Z may assign its rights and duties under this Agreement to any party at any time without notice to you.
13. Term - Termination
These terms and conditions are applicable to you upon your accessing the website. Dezign With a Z reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Dezign With a Z without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Last Modified : 10/02/2008 products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Last updated: 09/09/2009
The Dezign With a Z Web Site is owned and operated by GIGABYTE GRAPHICS Inc., a United States, California corporation (DBA "Dezign With a Z") under the domain name DezignWithaZ.com (the "Dezign With a Z Web Site" and registered brand name Dezign With a Z.
We respect our customers privacy and personal information we appreciate that you have chosen Dezign With a Z products. We understand that you are concerned about your security, privacy and the confidentiality of information we may gain about you online. We are committed to respecting your privacy.
2. Information collected and how we use it
The information about you which we may collect through the Dezign With a Z Web Site varies depending on how you use the Dezign With a Z Web Site. We will collect information through any electronic forms you submit via the Dezign With a Z Web Site, or other messages you send us by e-mail.
In common with many web sites, we may collect information such as the date and time of your visit to the Dezign With a Z Web Site, the pages accessed and any information downloaded. This information does not identify you as an individual and is used for statistical, reporting and Dezign With a Z Web Site administration and maintenance purposes only.
Whilst you may browse some information-only areas of the Dezign With a Z Web Site without providing any personal information, we may not be able to provide you with the full range of services through the Dezign With a Z Web Site if you do not provide us with the information outlined above.
3. E-Mailing Us
Unless otherwise stated, when you send us an e-mail, the contents of your e-mail and your e-mail address is used by us strictly to respond to your inquiry or purchase.
5. Use and disclosure of information
We will use or disclose personal information we collect through the Dezign With a Z Web Site:
to provide you with products or services requested by you;
where you have consented to the use or disclosure;
where we have notified you of the intended use or disclosure;
for the purposes for which we collected it, and for related purposes which you would reasonably expect, which may include:
- subject to complying with the direct marketing requirements under applicable law, providing you with information relating to Dezign With a Z or promotional details about products and services that may be of interest to you, unless you have previously advised us that you do not wish to be contacted for those purposes;
Dezign With a Z ’s research (including market research), planning, service development, security, testing and risk management;
- the operation, administration, development or enhancement of the Dezign With a Z Web Site;
- where a third party acquires, or wishes to acquire, an interest in Dezign With a Z; and
- where we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency, where fraud is suspected, or where Dezign With a Z is authorized, required or permitted by law to disclose the information; and
- as otherwise required or authorized under the law.
We may provide personal information we collect through the Dezign With a Z Web Site to third parties. The types of third parties to whom we would usually disclose that personal information may include:
our service providers who assist us in providing the Dezign With a Z Web Site and our products and services (for example internet and technology service providers, mail houses, call centers, and delivery companies);
organizations with whom we have co-promotional arrangements (and any agents used in administering such arrangements); and
our related corporate departments
In any case we do not provide your personal information to third parties for their marketing purposes.
6. Links to other Web Sites
The Dezign With a Z Web Site may contain links to third party Web Sites. Any such linked Web Sites may contain their own privacy policies or statements and those third parties, and not Dezign With a Z, are responsible for informing you about their security and privacy practices.
We value the personal information you give us and use a number of mechanisms to protect the security and integrity of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification or disclosure. Please note that messages you send us by e-mail are not secure.
8. Access to information
9. Contact details
If you have any questions or feedback about privacy, or wish to make a complaint about the way in which we have handled your personal information, you may contact us as set out below:
Dezign With a Z - USA
928A Van Ness Avenue
San Francisco, Ca 94109
Last updated: 09/09/2008