Welcome to the SanDisk® Product Forums!
Last Updated on July 1, 2016. To review the previous terms, please click here.
Welcome to forums.sandisk.com (the “Forums” or “Site”). This Forums is owned and operated by Western Digital Technologies, Inc. (collectively, “WDT”, “we”, “our” or “us”) to provide information about SanDisk® brand products and services. The terms “you”, “your” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Forums.
The following are terms and conditions constitute a legally binding contract between you and WDT which govern your use of the Forums. By registering, accessing, and/or using the Forums, you represent and warrant that you are at least 18 years of age and have the requisite power and authority or any and all permissions necessary to enter into and be bound by this agreement and you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The Forums currently are provided as a free service to users who agree to abide by this Agreement. WDT reserves the right to change the nature of this relationship at any time.
IMPORTANT – PLEASE READ CAREFULLY - If you do not agree to these terms, do not use the Forums.
WE MAY, IN OUR 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 THIS SITE.
If you violate the terms of this Agreement, you will have your access canceled and you may permanently be banned from participating on Forums.
Other Terms and Conditions
Some products and services accessible through this Site are subject to other or additional terms and conditions (for example, the SanDisk® Store). To the extent that any provision of those additional terms and conditions conflicts with these Terms, the additional terms and conditions shall prevail.
You are entirely responsible and liable for all activities conducted by you. The Forums site areas are not to be used for commercial purposes unless sanctioned by the Forums group administrator. Listed below are some, though not all, violations that may result in WDT terminating your access. You agree not to do any of the following actions while using Forums:
(1) Harass, threaten, embarrass, or cause distress or discomfort upon another participant, user, or other individual or entity;
(2) Transmit via Forums any information, data, text, files, links, software, chat, communication or other materials (“Content”) that WDT considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
(3) Impersonate in the Forums any person, including but not limited to, an official, WDT forum administrator, moderator, guide, host or forum member;
(4) Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other participants;
(5) Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
(6) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Forums or in connection with your use of the Forums in any manner;
(7) Invade the privacy or violate any personal or proprietary right of any person or entity; and
(8) Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
CONTENT YOU PROVIDE
You grant to WDT the right to publish and use any material you post on the Forums. You and any user of your User Name must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any Content. WDT generally does not pre-screen, verify or edit the content posted by users in the Forums. WDT shall have the right, but not the responsibility, to remove Content that is deemed in its sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules in place at the time without providing notification. WDT shall also have the right to reclaim any usernames on behalf of any businesses or individuals that own trademark or legal right on those usernames. WDT may elect at its sole discretion to monitor some, all, or no areas of Forums for adherence to this Agreement or other posted rules and guidelines. The Forums contain tools that allow you to communicate with other users and to share these conversations. By posting, uploading or otherwise making available Content on the Forums, you acknowledge that other users of the Forums may use or share your Content. WDT is not responsible for enforcing any rights you may have with respect to your Content against other users. You are responsible for the Content you provide; you should not have any expectation of privacy in the Content you provide on the Forums.
Although the Forums are moderated by WDT employees; it is intended only as a way for visitors to get answers from other visitors, and not to get answers from WDT. Obtaining information from the Forums is not a substitute for contacting WDT customer support. If you need to contact customer support, please go to: http://www.sandisk.com/support. Non-U.S. customers should contact support in their region.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the Site (the “Software”) is our copyrighted work or the work of our Licensors. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Submission of Unsolicited Ideas
It is our standard corporate practice that confidential or proprietary information from you not be submitted through the Forums or by email. If you transmit such information in contravention of our standard corporate practice, any material, information or idea you transmit by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by WDT without compensation to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, unless otherwise agreed in writing by an authorized WDT representative.
The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on this Site is held by WDT, its affiliates or by our licensors (the “Third Party Providers”). Except as stated herein or as expressly authorized on this Site, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner’s prior written permission. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not “mirror” any material contained on this Site on any other server. You acknowledge that nothing on this Site shall be construed as conferring any license to you from WDT or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
By using the Forums or posting Content to Forums, you agree to indemnify WDT, its affiliates for any and all third party claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this Agreement or for any content that is provided by you or through your username and password. You agree to cooperate as fully as reasonably required in the defense of any claim. WDT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Access from Outside the U.S.
The Forums are controlled and operated by WDT from its offices within the United States. We makes no representation that materials in the Forums are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Forums from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Forums from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the Forums or other materials available through the Forums (the “Materials”) may be subject to the U.S. Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such Materials contrary to U.S. law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Links to Third-Party Sites and Co-Branded Sites
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WDT, its affiliates and their respective directors, officers, employees, and consultants (collectively, “THE WDT PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE WDT PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WDT PARTIES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WDT PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD THE WDT PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WDT PARTIES, FOR, ANY CLAIMS RELATED TO THE SITE.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
FORUMS CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WDT DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE FORUMS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THE FORUMS ARE TRANSMITTED AND DISTRIBUTED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” ONLY. WDT PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. WDT MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON FORUMS AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE FORUMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. FURTHERMORE, WDT MAKES NO REPRESENTATION OR WARRANTY THAT FORUMS IS SAFE FOR USE ON YOUR COMPUTER, AND WDT IS NOT RESPONSIBLE FOR ANY DATA BREACH DUE TO HACKING.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. Neither WDT, its affiliates nor the officers, directors, employees, or agents of each is responsible or liable for any loss, damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Forums.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide this Site’s Copyright Agent with the following information and via the below contact information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the Site, including the URL;
- your address, telephone number, and email address;
- 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
- 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.
The Copyright Agent for Notice of claims of copyright infringement can be sent using the following contact information:
ATTN: DMCA Copyright Agent
951 SanDisk Drive
Milpitas, CA 95035-7933
U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.
WDT may, in its sole discretion, terminate or suspend your access to all or part of the Forums for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Forums, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by WDT, your sole remedy is to terminate this Agreement.
The Forums are controlled and operated by WDT from its offices within the United States. WDT does not represent or warrant that Materials on the site are appropriate or available for use in other locations and any translations provided are for your convenience only. If you choose to access the Forums from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This Agreement will be governed by and construed in accordance with the laws of the State or California, exclusive of conflicts of law principles. Any action brought to enforce this Agreement or matters related to the Forums must be brought in either the State or Federal Courts of the California. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and WDT concerning your use of the Forums.