UA Online Code of Conduct – Rights and Responsibilities
PLEASE READ THESE RIGHTS AND RESPONSIBILITES CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING RIGHTS AND RESPONSIBILITIES.
This UA Online Code of Conduct – Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Universal Athletic Online (“UA”, “UA Online”) which includes the Universal Athletic HQ (“HQ”) and Universal Athletic Online Store. By using or accessing UA Online, you agree to this Statement.
Sharing Your Content and Information
You own all of the content and information you post on UA Online. In order to create a freely sharing online community, by default, all information you post can be viewed by everyone, including people who are not members of UA Online. Some content can be marked as private and will limit its visibility. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with UA Online ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. You can contact customer service to delete your account at any time.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about UA Online, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep UA Online safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on UA Online.
- You will not collect users' content or information, or otherwise access UA Online, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on UA Online.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not advertise or otherwise market alcohol-related or other mature content.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on UA Online.
- You will not use UA Online to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of UA Online, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
UA Online users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on UA Online, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use UA Online if you are under 13.
- You will not use UA Online if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on UA Online that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on UA Online if we believe that it violates this Statement.
- If you believe your IP content as been infringed on you may contact customer service at anytime to initiate the removal of the content in question.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you can contact customer service to resolve the dispute.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Universal Athletic, the UA logo, the Universal Athletic Caveman Logo), or any confusingly similar marks, or the registered copyrights or trademarks of our partners, affiliates and advertisers, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on UA Online.
If you make a payment on the UA Online Store, you agree to our Payment Terms.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of UA Online to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time by contacting customer service. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.9, 11.12, 11.13, and 14-18.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or UA Online exclusively in a state or federal court located in Gallatin County. The laws of the State of Montana will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Gallatin County, Montana for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on UA Online, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP UA ONLINE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING UA ONLINE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT UA ONLINE WILL BE SAFE OR SECURE. UA ONLINE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR UA ONLINE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR UA ONLINE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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. IN SUCH CASES, FACEBOOK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
UA Online has been developed for use only within the United Sates.
- By "UA Online" we mean the features and services we make available, including through (a) our website at www.universalathletic.com and any other Universal Athletic branded or co-branded websites (including sub-domains (e.g. shop.universalathletic.com), international versions, widgets, and mobile versions); (b) other media, software, devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean Universal Athletic Service, Inc.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on UA Online that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from UA Online or provide to UA Online through Platform.
- By "post" we mean post on UA Online or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- This Statement makes up the entire agreement between the parties regarding UA Online, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.