Effective Date: July 6, 2018
University of Beer Pong. (“UBPong”, “we”, or “us”) is the owner of the UBPong Site. The UBPong Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by UBPong.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast, or transfer the Information or use the Information in a searchable, machine-readable database or file except through authorized access to the UBPong Site. Unless separately and specifically authorized in writing by UBPong, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the UBPong Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the UBPong Site without the authorization of UBPong is strictly prohibited. You agree to use the UBPong Site and Information for lawful purposes only. You agree not to post or transmit any information through the UBPong Site which: (i) infringes the rights of others or violates their privacy or publicity rights; (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable; (iii) is protected by copyright, trademark, or other proprietary right without the express written permission of the owner of such right; or (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark, or other proprietary right, or any other harm caused by your use of the UBPong Site or Information.
Submissions. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to UBPong on or in connection with the UBPong Site are submitted without any restrictions or expectation of confidentiality. UBPong shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. UBPong shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
Responsibility for Content. UBPong does not screen, edit, or review material submitted by users. UBPong therefore accepts no responsibility or liability for any material which may reside in or is accessed by the UBPong Site other than UBPong Information. UBPong has no responsibility with respect to other sites.
User Linking. You may not link, upload, post, or transmit any illegal, obscene, offensive, or otherwise inappropriate material to the UBPong Site. Furthermore, you may not use any of UBPong’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the UBPong’s express written permission, which UBPong may withhold in its sole discretion. You may not link in any manner reasonably likely to: (i) imply affiliation with or endorsement or sponsorship by UBPong; (ii) cause confusion, mistake, or deception; (iii) dilute UBPong’s trademarks or service marks; or (iv) otherwise violate state or federal law.
The UBPong Site may contain links to other websites. These links are provided for informational purposes only, and UBPong does not sponsor or affiliate with any linked entity unless expressly stated. UBPong makes no representations and assumes no responsibility for your use of links provided on the UBPong Site. You agree to indemnify and hold UBPong and any of its related entities, board members, employees, agents, and representatives harmless from and against, and shall reimburse UBPong for any liability, damage, claim, loss, cost, or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by UBPong because of the material you link, upload, post, or transmit to the UBPong Site. UBPong has no duty to review or edit materials submitted by users. Any such materials may be removed by UBPong at any time for any reason whatsoever.
You are prohibited from sharing your username and/or password with any other person, and you are responsible for ensuring that you do not take any actions—or fail to take any actions—that could result in their unauthorized access and use of the UBPong Site or the Information. If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by UBPong and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.
It is recommended that you use a high-speed internet connection. The compatible operating systems may change from time to time. UBPong is not responsible for your failure to use the recommended or compatible software.
You acknowledge that UBPong reserves the right to, and may from time to time, monitor all Information transmitted or received through the UBPong Site. UBPong, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which UBPong deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the UBPong Site, authorized or unauthorized, constitutes consent to such monitoring.
Your use of the UBPong Site will comply with all applicable laws, rules, and regulations that govern the export of technical data.
Privacy and Consent to Share Certain Information
The UBPong Site is intended for adults 18 years or older. You are not permitted to use the UBPong Site if you are under the age of 13. By using the UBPong Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the UBPong Site or to attempt to contact children under 13 through the UBPong Site.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the UBPong Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue.
Disclaimer of Warranties
You acknowledge and agree that no warranties of any kind are made with respect to the UBPong Site, UBPong Mobile Apps, UBPong Information, or other sites. Furthermore, you acknowledge that the Information and links provided through the UBPong Site are compiled from sources that are beyond the control of UBPong. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that UBPong and its licensors do not warrant the accuracy or suitability of the information.
Limitation of Liability
Except where prohibited by law, in no event will UBPong or its employees, agents, licensors, or contractors be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if UBPong has been advised of the possibility of such damages.
If any third-party claim is brought, UBPong has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If UBPong exercised this option, you agree to cooperate with it in asserting any available defenses.
Copyright, Patent, and Trademark Notice
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, you may submit written claims of copyright infringement to our Copyright Agent at:
In Motion Design Inc.
7314 Madison St
Paramount, CA 90723
Written claims concerning copyright infringement must include the following information:
- A physical or electronic 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 upon;
- A description of where the material that you claim is infringing is located on the site;
- 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.