Terms and Conditions

1. Accepting the Terms

Your access and use of Ultra Unlimited’s services and websites, i.e., www.sportsultra.com (referred to collectively as the "Services" in this document and excluding any services provided to you by Ultra Unlimited under a separate written agreement) is subject to your acceptance of, and compliance with, the following Terms and Conditions of Service ("T&CS").  "Ultra Unlimited" means Ultra Unlimited Corp., whose principal place of business is at 14431 Ventura Boulevard Suite 302, Sherman Oaks, CA 91423.  By clicking to accept or agree to these T&CS, or accessing, using and/or continuing to use the Services, you explicitly and irrevocably agree to be bound by and fully comply with the T&CS as may be updated by Ultra Unlimited from time to time and without further notice.  It is important that you take the time to read them carefully.

2. General Terms

In addition, when accessing and using the Services, you shall be subject to such applicable guidelines and rules which Ultra Unlimited may post from time to time.  Any applicable guidelines or rules will be prominently posted on the home page for your review before taking effect.  All such guidelines and rules are hereby incorporated by reference into the T&CS and you, by your access, use and continued use of the Services, explicitly and irrevocably acknowledge and accept them.  To the extent that there is any inconsistency between the T&CS and any guideline or rule, the T&CS will prevail.  Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the T&CS.

You may not use the Services and may not accept the T&CS if (a) you are not of legal age to form a binding contract with Ultra Unlimited, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. 

3. Provision of the Services by Ultra Unlimited

Ultra Unlimited is constantly innovating in order to provide the best possible experience for its users.  As part of this continuing innovation, Ultra Unlimited may modify or discontinue, temporarily or permanently, the Services (or any features within the Services) for any or no reason with or without notice to you.  You agree that Ultra Unlimited shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.  You may stop using the Services at any time.  You do not need to specifically inform Ultra Unlimited when you stop using the Services. 

You agree that Ultra Unlimited, in its sole discretion, may terminate your login, password and/or account (or any part thereof) for any reason whatsoever including, without limitation, for lack of use of the Services or if Ultra Unlimited believes that you have violated or acted inconsistently with the letter or spirit of these T&CS.  You acknowledge and agree that:

(A)             Any termination of your access to the Services under any provision of these T&CS may be effected without prior notice.

(B) Ultra Unlimited may immediately deactivate, disable or delete your account and all related information and files.

(C) If Ultra Unlimited disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

Further, you agree that Ultra Unlimited shall not be liable to you or any third-party for any termination of your access to the Services.  

4. Use of the Services

In using the Services, you agree:

(A)             That any registration information you give to Ultra Unlimited will always be accurate, correct and up to date. 

(B) To use the Services only for purposes that are permitted by (a) the T&CS and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 

(C) Not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Ultra Unlimited, unless you have been specifically allowed to do so in a separate agreement with Ultra Unlimited.  You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). 

(D)             That you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including but not limited to unsolicited communications, attempts to gain unauthorized access or transmissions or activation of computer viruses. 

(E) That unless you have been specifically permitted to do so in a separate agreement with Ultra Unlimited, you will not monitor, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, or allow others to do so.

(F)  That you are solely responsible for (and that Ultra Unlimited has no responsibility to you or to any third party for) any breach of your obligations under the T&CS and for the consequences (including any loss or damage which Ultra Unlimited may suffer) of any such breach. 

5. Passwords and Account Security

You will be required to create a user login and password to access some Services.  You agree and understand that you are responsible for maintaining the confidentiality of any login or passwords associated with any account you use to access the Services.   Accordingly, you agree that you are solely responsible for all activities that occur under any such account.  You further agree that if you become aware of any unauthorized use of your password or of your account, you will notify Ultra Unlimited immediately.

6. Privacy

You may be required to provide information about yourself (such as identification or contact details) in order to access some Services, as part of the registration process for the Service or as part of your continued use of the Services.  For information about Ultra Unlimited’s data protection practices, please read our privacy policy at http://www.sportssultra.com/privacy.jsp.  This policy explains how Ultra Unlimited treats your personal information, and protects your privacy, when you use the Services.  You agree to the use of your data in accordance with our Privacy Policy.

7. Content in the Services

You understand that all information such as data files, written text, computer software, music, audio files or other sounds, photographs, logos, graphics, videos or other images, collectively referred to as "Content," which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.  You further understand and agree that the Content, Services and any software used in connection with the Services may be protected by applicable intellectual property and other laws.  You agree to abide by any and all intellectual property rights notices, information, or restrictions contained in any part of the Service.  You may not modify, copy, download, reproduce, publish, license, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) unless you have been specifically told that you may do so by Ultra Unlimited or by the owners of that Content, in a separate agreement.  Moreover, you may not use any of the trademarks, servicemarks or logos ("marks") appearing throughout the Services without express written consent from the owner of the marks, except as permitted by applicable law.

8. User-Generated Content

In some instances, you may be permitted to post messages or express your comments on a given topic, or start a new topic to which others can respond.  To do so, you may need to create a user account (as explained above).  Any information, data, text, software, photographs, music, audio files, graphics, messages, or other material you post on, or submit to, the Services constitutes "User-Generated Content."  You agree not to upload, distribute, post or otherwise publish (or allow others to do these things) through the Services:

(A)             any User-Generated Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;

(B) any libelous, defamatory, obscene, threatening, advertising, pornographic, abusive, or otherwise illegal User-Generated Content, including but not limited to User-Generated Content related to the promotion or furtherance of gambling, illegal weapons or illegal substances sales, speech in violation of hate crime laws, the exportation of software or technical information in violation of U.S. export control laws, acts of terrorism, fraud or plans to encourage or help others to commit a crime or fraud, including but not limited to engaging in a pyramid or ponzi scheme, or sending chain letters that request money or other items of value, or other crime under applicable federal, state, local or international laws or regulations;

(C) any User-Generated Content that you do not have the right to transmit under law or under contractual or fiduciary relationships;

(D)             any User-Generated Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

(E) any User-Generated Content that harms minors in any way.

If you post anything on the Services, you guarantee to us that you have the legal right to post your material and that it will not violate any law or the rights of any person or entity.  You agree that you are solely responsible for (and that Ultra Unlimited has no responsibility to you or to any third party for) any User-Generated Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Ultra Unlimited may suffer) by doing so.

IN OTHER WORDS, AND AMONG OTHER THINGS, AS STATED ABOVE, YOU WILL NOT POST CONTENT ON THE SITE THAT YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING PHOTOGRAPHIC, MUSIC, AND VIDEO CONTENT.

You retain all ownership rights in your User-Generated Content.  However, by posting User-Generated Content on the Services, you give Ultra Unlimited and its parents, successors and affiliates the royalty-free, irrevocable, perpetual, worldwide right to use, assign, sublicense, distribute, display and create derivative works from this User-Generated Content, in any and all media now or hereafter known, in any manner, in whole or in part, without any restriction or responsibilities to you.  You also hereby grant to each user of the Services a non-exclusive license to access your User-Generated Content through the Services and to use, reproduce, distribute, display and perform such User-Generated Content as permitted through the functionality of the Services and under these T&CS.  You agree that such content may be edited, removed, modified, published, transmitted, and/or displayed by Ultra Unlimited and its licensees, in all media now or hereafter known and you waive any and all rights you may have with respect to the alteration, modification, or removal of your User-Generated Content. 

You understand that you use the Services at your own risk.  While we reserve the right to monitor activity and content associated with the Services (including the right to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service), we are not obligated to do so.  Since we do not, and may not have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality.  Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Services, you may be exposed to content that you find offensive or objectionable.  There are commercially available services and software to limit access to material that you may find objectionable.  You may also contact our Customer Service Department to let us know of content that you find objectionable.  We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content and/or terminating a user’s account(s).  However, because situations and interpretations vary, we also reserve the right not to take any action.  Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

9. Other Content and Links

The Services may include hyperlinks to other websites or content or resources.  You acknowledge and agree that Ultra Unlimited has no control over any websites or resources which are provided by companies or persons other than Ultra Unlimited, is not responsible for the availability of any such external sites or resources, and does not endorse any content, advertising, products or other materials or information on or available from such websites or resources.  You further acknowledge and agree that Ultra Unlimited is not responsible or liable, directly or indirectly, for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any content, advertising, products or other materials or information on or available from such websites or resources. 

10. Indemnity

You agree to indemnify and hold Ultra Unlimited and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of any of these T&CS, or your violation of any rights of any third party.

11. Affiliation

sportsultra.com and Ultra Unlimited are neither affiliated with nor endorsed by the NFL, NBA, NHL, MLB, or NCAA.

12. EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A)             YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

(B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ULTRA UNLIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(C) ULTRA UNLIMITED MAKES NO WARRANTY OR REPRESENTATION THAT (1) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 

(D)             ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTRA UNLIMITED OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&CS. 

13.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ULTRA UNLIMITED, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A)             ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.  THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I)  ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II)  ANY CHANGES WHICH ULTRA UNLIMITED MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III)  THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(IV)  YOUR FAILURE TO PROVIDE ULTRA UNLIMITED WITH ACCURATE ACCOUNT INFORMATION; OR

(V)  YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON ULTRA UNLIMITED’S LIABILITY TO YOU IN THE PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT ULTRA UNLIMITED HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THESE T&CS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

14. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you.

In particular, nothing in these T&CS shall exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Ultra Unlimited.   

15. Claims of Copyright Infringement

In the event that you claim to be the copyright owner of any Content, you agree to immediately notify Ultra Unlimited of any claimed copyright infringement.  You further agree to provide our DMCA agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512, as set forth in Ultra Unlimited’s DMCA Policy [insert link].

                       

16. General Legal Terms

The T&CS constitute the whole legal agreement between you and Ultra Unlimited and govern your use of the Services (but excluding any services which Ultra Unlimited may provide to you under a separate written agreement), and completely replace any prior agreements between you and Ultra Unlimited in relation to the Services. 

You agree that Ultra Unlimited may provide you with notices, including those regarding changes to the T&CS, by email, regular mail, or postings on the Services. 

You agree that if Ultra Unlimited does not exercise or enforce any legal right or remedy which is contained in the T&CS (or which Ultra Unlimited has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ultra Unlimited’s rights and that those rights or remedies will still be available to Ultra Unlimited. 

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these T&CS is invalid, then that provision will be removed from the T&CS without affecting the rest of the T&CS.  The remaining provisions of the T&CS will continue to be valid and enforceable. 

The T&CS, and your relationship with Ultra Unlimited under the T&CS, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.  You and Ultra Unlimited agree to submit to the exclusive jurisdiction of the courts located within the county of New Castle to resolve any legal matter arising from the T&CS.  Notwithstanding this, you agree that Ultra Unlimited shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

The section titles of these T&CS are displayed for convenience only and have no legal effect. 

Please send any questions or comments, or report violations of the T&CS to us via email  company@sportsultra.com, by contact form, or in writing:

Ultra Unlimited Corp.

14431 Ventura Boulevard Suite 302

Sherman Oaks, CA 91423