Thank you for your interest in the WD Community (“WD Community”) made available by Western Digital Corporation (“WD,” “we,”, “us,” or “our”). The WD Community is provided as a service to our users and customers to help them exchange ideas, tips, information and techniques related to WD’s products and services. The terms “you,” “your,” and “yours” refer to anyone registering for, using, accessing, viewing or browsing the WD Community.
IMPORTANT – PLEASE READ CAREFULLY – THESE WD COMMUNITY TERMS OF SERVICE (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT THAT GOVERN YOUR USE OF THE WD COMMUNITY. BY REGISTERING FOR, USING, ACCESSING, VIEWING OR BROWSING THE WD COMMUNITY, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND ALL WD POLICIES, RULES AND GUIDELINES THAT ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THE WD COMMUNITY. WD MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WD COMMUNITY.
In order to use the WD Community, you must be 18 or over, or of the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the WD Community only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. Children under 13 are not permitted to use the WD Community.
Posting to the WD Community
In order to post to the WD Community, you will have to create a unique, password-protected account with a username. We may refuse to grant you, and you may not use, a username that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion.
You agree to: (1) provide true, accurate, current, and complete information as prompted by the username account application; and (2) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to suspend or terminate your account, without warning, if you are found to have misrepresented any account application information. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security. You will be solely responsible for safeguarding your password and also for any actions under your account, whether authorized by you or not. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
WD grants you a non-exclusive, non-transferable, limited right to access the WD Community and the materials thereon for your personal use only, provided that you fully comply with these Terms. You shall not interfere or attempt to interfere with the operation of the WD Community in any way, through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms. Except as expressly provided herein or otherwise allowed by WD, you may not use the WD Community for any commercial purpose.
You are entirely responsible for your conduct in the WD Community and for all submissions that are uploaded, posted, transmitted or otherwise made available on or through the WD Community by you or under your account (including, but not limited to sending messages through the WD Community or through other applicable websites or posting messages to discussion boards, forums, blogs or otherwise). By uploading or posting any content to the WD Community, you represent and warrant that the content you make available fully complies with these Terms and the Usage Guidelines. Do not disclose or solicit the private information of any person. You are responsible for any use by third parties of any personal information you disclose to the WD Community, whether or not such use was permitted. You agree to indemnify WD, its shareholders, directors, officers, employees, affiliates, agents licensors and any service provider the foregoing engage in the provision of the WD Community for any claim that may arise as a result of such disclosure, solicitation or use of personal information.
By sending a submission or posting content to the WD Community you agree to grant WD a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright, publicity rights and other rights with respect to the submission or post and all content therein. If you do not want to grant to WD the rights set out above, do not send your submission or post content to the WD Community.
Acceptable Use Policy
WD respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using the WD Community. You agree that you will not use the WD Community to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. Without limiting the foregoing, your use of the WD Community is subject to the terms of our Copyright Policy that is incorporated herein by reference.
Responsibility of WD Community Users
The content found in the WD Community comes from a variety of sources, primarily from community members. Although WD requires all users to post accurate information within the WD Community, WD assumes no responsibility for the accuracy of the information and makes no claims or representations as to the accuracy, completeness, or truth of any material submitted or found in the discussion areas. WD has not reviewed, and cannot review, all of the content available on the WD Community, and cannot therefore be responsible for that content, its use or effects. By operating the WD Community, WD does not represent or imply that it endorses the content there available, or that it believes such content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The WD Community may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The WD Community may also contain content that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WD disclaims any responsibility for any harm resulting from your use of the WD Community, or from any downloading or use of content available on the WD Community.
Please use discretion in what personal or proprietary information you publish. WD cannot make any guaranty of the confidentiality or privacy of any communication or information transmitted and WD will not be liable for the privacy of e-mail addresses, registration, user account and identification information, confidential or trade-secret information published within the WD Community.
From time-to-time WD may designate certain WD Community members as Community Leaders, or other valued members of the WD Community. This designation does not create an employee or agency relationship between WD and this member, does not make this member a company spokesperson, nor does it imply any endorsement of this member or this member’s postings or content. Instead, the designation only allows the WD Community to know which members have been helpful, have provided constructive advice and have set a positive example and tone for the WD Community. Like any information posted on the WD Community, the opinions and advice provided by these members are their own. This content is the sole responsibility of the Community Leader or other valued member.
Employee and Partner Participation
Employees of WD or employees of any companies that do business with WD may only participate in the WD Community in a personal capacity and not as a representative of WD or any of those other companies. This includes, but is not limited to, individuals employed by companies who provide products or services to WD. If you are an employee of WD or any company that does business with WD please refrain from disclosing your employment status on the WD Community and within private messages. Please note that only WD moderators and administrators provide official information regarding WD products and services. Any other postings in the WD Community, like all other third party content, are the sole responsibility and the personal views of the person posting the information and such information is not being endorsed or controlled in any way by WD.
You expressly agree that the use of the WD Community is at your sole risk. ALL INFORMATION PROVIDED IN THE WD COMMUNITY IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WD AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WD COMMUNITY, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WD OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless and defend WD, its affiliates, shareholders, directors, officers, employees, agents and licensors from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to your use of the WD Community, including, without limitation, any content or information transmitted or received by you and your violation of any representation, warranty, obligation or covenant contained in these Terms.
WD reserves the right to investigate any violation of these Terms and to take appropriate action, at its absolute discretion, to enforce these Terms. In the case of any violation of these Terms, WD reserves the right to suspend or terminate your right to use or access the WD Community. WD does not generally edit or monitor content posted by participants in the WD Community. However, WD retains the right (without an obligation), at its sole discretion, to remove or edit any material that, in WD’s sole judgment, does not comply with these Terms, or that is otherwise inappropriate or objectionable for the WD Community. WD also retains the right to assign or delegate such right to some members of the WD Community. WD is not responsible for any failure or delay in removing such material. In addition, WD reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all your visits to the WD Community, both now and in the future.
Governing Law and Venue
These Terms constitute a binding agreement. Failure to comply with these Terms may result in account revocation and other legal action. These Terms, and all WD policies, rules and guidelines that are incorporated into these Terms by reference, constitute the entire agreement between you and WD and governs your use of the WD Community superseding any prior agreements between you and WD. The laws of the State of California, U.S.A., shall govern these Terms and the relationship between you and WD, without regard to conflict of law provisions. You and WD agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, U.S.A.