Description of Ultracontest.com Services and Acceptance of Terms of Use
Welcome to this Ultracontest.com LLC Site, which is owned and operated by Ultracontest.com LLC (“Ultracontest.com” or “we”). The services offered by
Ultracontest.com LLC include Ultracontest.com, and any Ultracontest.com - branded URL, WAP site and mobile application (collectively, the “Site”),
Ultracontest.com messaging services, video services, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications
offered from time to time by Ultracontest.com in connection with Ultracontest.com’ business (collectively, the "Ultracontest.com Services").
Ultracontest.com is based in the United States and the Ultracontest.com Services are hosted in the United States. Ultracontest.com is a part of the
United States based operations of Ultracontest.com LLC.
Ultracontest.com furnishes the Site and the Ultracontest.com Services for your personal enjoyment and entertainment. By visiting the Site (whether or
not you are a registered member) or using the Ultracontest.com Services, you accept and agree to be bound by this Terms of Use Agreement, including any
future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement
carefully. Ultracontest.com may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material
modifications will apply prospectively only. Your continued use of the Site or the Ultracontest.com Services following any such modification
constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement
regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Ultracontest.com
Services immediately. You may receive a copy of this Agreement by emailing us at: [email protected],
Subject: Terms of Use Agreement. Your access to and use of certain Ultracontest.com Services may require you to accept additional terms and conditions
applicable to such Ultracontest.com Services, in addition to this Agreement, and may require you to download Software or Content (each as defined
below).
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration
information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your
password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to
use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify Ultracontest.com immediately if
you suspect any unauthorized use of, or access to, your account or password.
Termination
This Agreement remains in full force and effect while you use the Ultracontest.com Services. You may terminate your [account/subscription] on the Site
at any time, for any reason, by emailing [email protected], Subject: Terminate My Account.
Ultracontest.com may terminate your account and/or access to the Ultracontest.com Services at any time, for any or no reason, with or without prior
notice or explanation, and without liability. Furthermore, even after your user account or access to the Ultracontest.com Services is terminated, this
Agreement will remain in effect. You agree that your account is non - transferable and any rights to your account terminate upon your death.
Fees
You acknowledge that Ultracontest.com reserves the right to charge subscription fees for any portion of the Ultracontest.com Services. Ultracontest.com
will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your
account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Ultracontest.com Services after the
subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such
subscription fee for the balance of your subscription. If Ultracontest.com suspends or terminates your account and/or access to the Ultracontest.com
Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or
other payments.
Purchasing Site Services or Products
If you purchase any service or product on the Site, (“Site Product”), you may be required to provide personal information, including credit card and
billing information ("Personal Financial Information”), to an independent third party company (or companies) selected by, but not affiliated with,
Ultracontest.com (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial
Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service
and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using
the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.
Ultracontest.com makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an
order for a Site Product with the Processor. Ultracontest.com provides no refunds for purchases you make on the Site. You are solely responsible for
any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree
that in the event Processor experiences a data breach that affects your Personal Financial Information, Ultracontest.com will in no way be responsible
or liable to you for any such breach.
Ultracontest.com will not store any record of Personal Financial Information related to purchases or other transactions you make through the
Ultracontest.com Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or
believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you
must contact the Processor.
Ultracontest.com Content
The Ultracontest.com Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and
any other materials or content (collectively, “Content”) of Ultracontest.com ("Ultracontest.com Content"). Ultracontest.com Content is protected by
copyright, trademark, patent, trade secret and other laws, and as between you and Ultracontest.com, Ultracontest.com owns and retains all rights in the
Ultracontest.com Content and the Ultracontest.com Services. Ultracontest.com hereby grants you a limited, revocable, nonsublicensable license to access
and display the Ultracontest.com Content (excluding any software code) solely for your personal, non - commercial use in connection with viewing the
Site and using the Ultracontest.com Services. The Ultracontest.com Services may also contain Content of users and other Ultracontest.com licensors.
Except as provided in this Agreement or as explicitly allowed on the Ultracontest.com Services, you may not copy, download, stream capture, reproduce,
duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any
Content appearing on or through the Ultracontest.com Services.
Except as explicitly and expressly permitted by Ultracontest.com, you are strictly prohibited from creating works or materials (including but not
limited to fonts, icons, link buttons, wallpaper, desktop themes, on - line postcards, montages, mash - ups and similar videos, greeting cards and
unlicensed merchandise) that derive from or are based on the Ultracontest.com Content. This prohibition applies regardless of whether the derivative
works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web - based
service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the
Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including
geo - filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate,
distribute or advertise an index of any portion of the Content unless you receive prior written authorization from Ultracontest.com. Requests for
permission to reproduce or distribute materials found on the Site can be made by contacting Ultracontest.com in writing at: Legal Department,
Ultracontest.com LLC, P.O. Box 20231 Albuquerque, NM 87154, or by emailing [email protected],
Subject: Content Request.
Your Use of Ultracontest.com Services
The Ultracontest.com Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written
authorization from Ultracontest.com. Ultracontest.com reserves the right to remove commercial content in its sole discretion. You understand that you
are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the
Ultracontest.com Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in
connection with the Ultracontest.com Services. You understand that Ultracontest.com does not control the User Content posted by users via the
Ultracontest.com Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content.
Ultracontest.com assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Ultracontest.com Services,
please report this immediately to Ultracontest.com by emailing [email protected], Subject: Misuse of
Ultracontest.com Services. Ultracontest.com assumes no responsibility for monitoring the Ultracontest.com Services for inappropriate Content or
conduct. If at any time, Ultracontest.com chooses in its sole discretion to monitor the Ultracontest.com Services, Ultracontest.com nonetheless assumes
no responsibility for Content other than Ultracontest.com Content, assumes no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of any user.
You agree not to use the Ultracontest.com Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive;
harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or
other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy,
or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access
to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Ultracontest.com Services, including
Ultracontest.com’ servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Ultracontest.com Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the
Ultracontest.com Services, or to circumvent or modify any security technology or software that is part of the Ultracontest.com Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the
Ultracontest.com Services. If you do so, you acknowledge you will have caused substantial harm to Ultracontest.com, but that the amount of harm would
be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Ultracontest.com $50 for each actual or intended recipient
of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Ultracontest.com’ prior written consent;
- Use the Ultracontest.com Services to advertise or promote competing services;
- Use the Ultracontest.com Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Ultracontest.com reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined
by Ultracontest.com in its sole discretion. You acknowledge Ultracontest.com reserves the right to investigate and take appropriate legal action
against anyone who, in Ultracontest.com’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or
reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Ultracontest.com may access, preserve or disclose information you provide to the Site, including User Content,
when Ultracontest.com has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal
rights or property of Ultracontest.com, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors
(including enforcement of our agreements); (ii) protect the safety and security of users of the Ultracontest.com Services or members of the public
including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Message Boards and Public Forums
The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all
members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and
Ultracontest.com cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk.
Ultracontest.com is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions
made based on such information. Ultracontest.com reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User
Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
Ultracontest.com does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through
or in connection with the Ultracontest.com Services; provided, however, that User Content shall not include any Content posted by a user that is
already owned by Ultracontest.com or any Affiliated Company. By posting any User Content on, through or in connection with the Ultracontest.com
Services, you hereby grant to Ultracontest.com and our Affiliated Companies, licensees and authorized users, a perpetual, non - exclusive, fully - paid
and royalty - free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and
compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the
Ultracontest.com Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all
media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial
purposes. Ultracontest.com’ use of such User Content shall not require any further notice to you and such use shall be without the requirement of any
permission from or payment to you or to any other person or entity. Ultracontest.com reserves the right to limit the storage capacity of User Content
that you post on, through or in connection with the Ultracontest.com Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Ultracontest.com Services, or
otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with
the Ultracontest.com Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any
User Content posted by you on or through the Ultracontest.com Services or Third Party Services.
Copyrights and Other Intellectual Property
Ultracontest.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email,
transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any
person or entity. Ultracontest.com has a policy of terminating repeat infringers’ access to the Ultracontest.com Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright, please send Ultracontest.com’ Copyright Agent a
notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed
infringing material and information reasonably sufficient to permit us to locate the material on the Ultracontest.com Services (such as the URL(s) of
the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if
available, an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of
perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical
or electronic signature. Ultracontest.com’ Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department,
Ultracontest.com LLC, P.O. Box 20231 Albuquerque, NM 87154 . Ultracontest.com’ Copyright Agent for notification of claimed infringement can also be
reached electronically at [email protected].
Third Party Links and Services
The Ultracontest.com Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by
third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with
Ultracontest.com. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in
accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing
the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment
services. Ultracontest.com is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such
Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the
privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Ultracontest.com Services does not imply approval or
endorsement of the Third Party Service. Ultracontest.com is not responsible for the content or practices of any websites other than the Site, even if
the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the
Ultracontest.com Services, you acknowledge and agree that Ultracontest.com is not responsible or liable to you for any content or other materials
hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. Ultracontest.com encourages
you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you
are interacting. If you are interested in creating hypertext links to the Site, you must contact the Legal Department at Ultracontest.com at [email protected], Subject: Request for Permission to Link to Site, before doing so. In establishing
hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the
Site or Ultracontest.com, including its respective employees, agents, directors, officers or shareholders.
Member Disputes
You are solely responsible for your interactions with other Ultracontest.com users, providers of Third Party Services or any other parties with whom
you interact on, through or in connection with the Ultracontest.com Services. Ultracontest.com reserves the right, but has no obligation, to become
involved in any way with these disputes.
Privacy
Use of the Ultracontest.com Services is also governed by our privacy policy, which is incorporated into this Agreement by this reference.
Disclaimers
The Ultracontest.com Services are provided "AS - IS" and “as available” and Ultracontest.com does not guarantee or promise any specific results from
use of the Ultracontest.com Services. Ultracontest.com expressly disclaims any warranties and conditions of any kind, whether express or implied,
including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non - infringement. In particular,
Ultracontest.com makes no warranty that your use of the Ultracontest.com Services will be uninterrupted, timely, secure or error - free or that any
information obtained by you on, through or in connection with the Ultracontest.com Services or Third Party Services (including but not limited to,
through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Ultracontest.com be responsible for any
loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Ultracontest.com Services, problems
or technical malfunction in connection with use of the Ultracontest.com Services, attendance at a Ultracontest.com event, any material downloaded or
otherwise obtained in connection with the Ultracontest.com Services, any User Content, third party advertisement or Third Party Service posted on,
through or in connection with the Ultracontest.com Services, or the conduct of any users of the Ultracontest.com Services, whether online or offline.
Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your
responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or
policies of Ultracontest.com.
Limitation on Liability
IN NO EVENT WILL ULTRACONTEST.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ULTRACONTEST.COM SERVICES, EVEN IF ULTRACONTEST.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ULTRACONTEST.COM’ LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ULTRACONTEST.COM FOR THE
ULTRACONTEST.COM SERVICES DURING THE TERM OF YOUR USE OF THE ULTRACONTEST.COM SERVICES.
U.S. Export Controls
Software available in connection with the Ultracontest.com Services (the "Software") is further subject to United States export controls. No Software
may be downloaded from the Ultracontest.com Services or otherwise exported or re - exported in violation of U.S. export laws. Downloading or using the
Software is at your sole risk.
Disputes
This Agreement will be governed by, and construed in accordance with, the laws of the State of Wyoming, without regard to its conflict of law
provisions. You and Ultracontest.com agree to submit to the exclusive jurisdiction of the courts located in Wyoming to resolve any dispute arising out
of this Agreement or the Ultracontest.com Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY
IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS - CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR
IN CONNECTION WITH THIS AGREEMENT.
Indemnity
You agree to indemnify and hold Ultracontest.com, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any
third party due to or arising out of your use of the Site or the Ultracontest.com Services, your breach of this Agreement, your violation of any rights
of another or any Content that you post or otherwise submit on, through or in connection with the Ultracontest.com Services.
Unsolicited Submissions
Ultracontest.com does not knowingly accept, via the Ultracontest.com Services or otherwise, unsolicited submissions including, without limitation,
submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions,
proposals, ideas or concepts. Ultracontest.com’ policy is to simply delete any such submission without reading it or forwarding it to other
Ultracontest.com staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any
Ultracontest.com or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely
coincidental. If unsolicited submissions are sent to Ultracontest.com via the Ultracontest.com Services (including but not limited to any public
forum), however, such submissions and copyright become the property of Ultracontest.com and may be used, copied, sublicensed, adapted, transmitted,
distributed, publicly performed, published, displayed or deleted as Ultracontest.com sees fit. You agree that you are not entitled to any compensation,
credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Ultracontest.com or Affiliated
Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of
confidentiality.
Employment Opportunities
Ultracontest.com may, from time to time, post Ultracontest.com employment opportunities on the Ultracontest.com Services and/or invite users to submit
resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Ultracontest.com in response to
employment listings, you are authorizing Ultracontest.com to utilize this information for all lawful and legitimate hiring and employment purposes.
Ultracontest.com also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate
business purposes. Nothing in this Agreement or contained in the Ultracontest.com Services will constitute a promise by Ultracontest.com to contact,
interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Ultracontest.com
Services constitute a promise that Ultracontest.com will review any or all of the information submitted to it by users of the Ultracontest.com
Services.
Trademarks
The failure of Ultracontest.com to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or
provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. Ultracontest.com, the
Ultracontest.com logo, and Entry Tracker are trademarks of Ultracontest.com LLC, and all other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded
or otherwise exploited without the prior written permission of Ultracontest.com or the owner of such trademark, service mark or trade name, except as
explicitly permitted in this Agreement.
Other
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: [email protected] , Subject: Question Regarding Terms of Use with any questions
regarding this Agreement.
