TERMS OF SERVICE

Last updated on July 16, 2020

 

ACCEPTANCE OF THE TERMS OF SERVICE

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF ULTIMATE GAMER, LLC (“ULTIMATE GAMER”, “WE” “US” OR “OUR”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR A REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER ULTIMATE GAMER SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). THE WEBSITE AND ANY ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES.  BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES. IN PARTICULAR, WE WANT TO HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS. BY ACCEPTING THESE TERMS:

  1. You are also agreeing to other Ultimate Gamer rules and policies that are expressly incorporated into and a part of these Terms. Please read them carefully:
  • Our Privacy Policy explains what information we collect from you and how we protect it.
  • Our eSports Code of conduct for gamers and spectators
  • Our Fan Content Policy explains what you can do with Ultimate Gamer’s Intellectual Property in the content you create.  You and Ultimate Gamer agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. We explain the process in detail below, but we’ve put this up front because it’s important:

TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE.  YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS).  IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.

In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Ultimate Gamer, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.

Changes to the Terms

We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

Accessing the Services and Account Security

We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.  Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.

To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Services or certain games, services, or functionality, Ultimate Gamer may require some or all users to download updated or additional software. The terms of use of such software is subject to the separate End User License Agreement between you and Ultimate Gamer.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify Ultimate Gamer (via privacy@ultimategamer.com) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.

We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.

Photosensitivity:  Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use.

Eligibility

In order to sign up and maintain an account for the Services, you must:

  • be a natural person, at least 13 years old, and who has had the email address submitted on the account sign up form assigned to their use and control as represented;
  • be a citizen or resident of a country (“Territory”) where skilled gaming is legal (as applicable from state to state within a given Territory);
  • be physically located in a Territory in which participation in the Service you select, is unrestricted by applicable laws; and
  • comply with these Terms at all times.
  • If you are between 13 and 18, you must have permission from a parent or legal guardian, who must read these Terms and agree to be bound by them, on behalf of their minor child. Ultimate Gamer reserves the right to confirm that such permission has been granted and to close or restrict any accounts until Ultimate Gamer is satisfied that a parent or legal guardian has read these Terms and agrees to allow their minor child to hold an account.
  • Certain sections of the Services are age gated to prevent minors from accessing games such as pay-to-enter competitions. Minors may be prohibited from playing games or entering competitions based on ESRB or other game ratings, or conditions set by Ultimate Gamer.

All signed up account holders may play free or non-prizing competitions (subject to the age rating of the game). If you are 18 years of age or older you may choose to also play pay-to-enter games and competitions. Officers, directors, employees and agents of Ultimate Gamer, and its affiliates are not eligible to participate.

If you open an account and/or participate in any competition or game offered through the Services while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and subject to having your account suspended or terminated and all winnings (if any) voided.

Upon sign up and/or to facilitate refund and prize payments to you, you are required to provide the following information:

  • an alias that will be your username
  • a password
  • your e-mail address
  • birth date
  • full name
  • permanent residential address
  • phone number
  • credit card or other payment information (only required if you are transferring funds to purchase entry in a pay-to-enter competition

The information provided must be true, accurate, current and complete, as requested. You agree to update the sign up data to keep it current and accurate. If Ultimate Gamer determines you are signing up with purposely incorrect information, Ultimate Gamer reserves the right to close your account. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled. Ultimate Gamer also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.

Local Laws

You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree that Ultimate Gamer cannot be held liable if laws applicable to you restrict or prohibit your participation. Ultimate Gamer makes no representations or warranties, implicit or explicit, as to your legal right to participate in any competition offered through the Services nor shall any person affiliated, or claiming affiliation, with Ultimate Gamer have authority to make any such representations or warranties.  Ultimate Gamer reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.

Proof of Eligibility

Ultimate Gamer may at any time require you to provide proof of eligibility to participate in order to continue to allow you to access the Services, and you hereby acknowledge and accept this condition of participation as a reasonable measure to ensure the security of the Services. In addition, you will be required to provide proper identification and proof of eligibility prior to receiving a prize from Ultimate Gamer.  You may, at your option, pre-confirm your identification at any time. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO ULTIMATE GAMER, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT.

Limitations on Participation

You are only permitted to sign up for one active account. Additionally, Ultimate Gamer only allows users to have one account. Ultimate Gamer reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be closed without notice. Ultimate Gamer reserves the right to deny access to anyone, including, but not limited to, those participants who use proxy servers and/or IP addresses residing in certain geographical areas.

You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these Terms, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Services, accept any winnings, or participate in any competition using your account information. Your account is not transferable to any other person. All activities undertaken under your account will be deemed to have been done by you.

Violation of these Terms and Abuse

If you display behavior which may be interpreted as the use of unfair methods on the Services, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. “sandbagging”), harassment of other participants, posting of objectionable material, any breach of these Terms, or any breach or attempted breach of the security of your account (collectively, “Abuse”), you shall be subject to immediate sanction (as determined by Ultimate Gamer in its sole discretion), up to and including account termination and blocking of your access to the Services, the voiding of any winnings, in the case of money laundering or any other illegal activity, disclosure to the appropriate police authorities, and legal action at the sole discretion of Ultimate Gamer

 

Skilled Gaming for Prizes

You acknowledge that the outcome of the games and competitions offered through the Services are directly related to the number of participants, and the skill levels of each participant. Ultimate Gamer does not comment or have knowledge of the probability of one participant winning a game vs. another participant and makes no representations about an individual participant’s chances of winning.

Prizes are generally cash amounts, which are paid to you through electronic third party payment processors. The prizes offered in all competitions will be disclosed at the beginning of such competitions. If a competition has to close prematurely, such as for maintenance or technical problems, we may attempt to reschedule, or process refunds if applicable.

The results and winners of each competition offered through the Services will be determined by Ultimate Gamer, and such determinations are final. By signing up, joining and/or participating in any competition, you agree to be bound by these determinations.

Game Play

Ultimate Gamer is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to our systems or any account (other than your own), interfere with the communications, procedures or performance of the Services or deliberately damage or undermine the Services; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers or similar methods or to otherwise commit fraud; or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings to which you would otherwise be entitled, but potentially lead to civil and/or criminal prosecution. Ultimate Gamer, in its sole discretion, reserves the right to terminate any person’s account who is suspected of tampering with their game results, or who otherwise violates these Terms and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.

Disputes

Any and all evidence regarding a dispute must be sent to support within two (2) hours of the end of the game. This two (2) hour review period will be used by our administrators to examine game evidence and to assign the win to the appropriate user. Any dispute that is filed without evidence will be considered invalid. If only one party submits evidence during this two (2) hour time frame the user who provides the evidence will be deemed the winner of the game, while the opposing user will receive a loss. If no evidence has been reported by either party within the two (2) hour time frame the game will be cancelled or marked as incomplete. Once a game has been cancelled and marked incomplete, the results are irreversible and cannot be adjusted. The Ultimate Gamer Customer Support team has the sole discretion to ask users to provide additional evidence in order to determine the accurate winner. After thirty six (36) hours, all game results will be final with no undoing, cancelling, or re-assigning winners.

If a winner cannot be established from an investigation by the Ultimate Gamer Customer Support team then the competition will be cancelled.   If a user claims a “win” in a game that was either not played, or not completed, or drawn, or lost, an automatic forfeit and suspension will be issued.

If you submit “false evidence”; evidence that has previously been submitted or archived from a previous game, evidence that has been altered in any way, or false evidence that has been created, then you will automatically forfeit the competition and immediately face a suspension.

Any abusive, obscene, lewd, threatening or insulting behavior by you towards Ultimate Gamer Support staff or other players will result in your immediate suspension for an indefinite period of time as determined by Ultimate Gamer Support staff. Sending multiple tickets associated with the same issue will result in disciplinary action.

If you are caught cheating or boosting your statistics in any game on Ultimate Gamer, you will be suspended. If your cheating or boosting of records occurs during any bracket, leaderboard, or other style competition that involves and entry free, you will be immediately disqualified with no entry fee reimbursement.

If you are caught lagging/IP booting games, you will face an automatic loss and suspension. When disputing a lagging game, video evidence of the lag is required in order for your dispute to be validated. You must be able to provide video evidence that clearly identifies the exit of the game. When playing a game with a poor connectivity level, be sure to quit before either you or your opponent gains a significant advantage in the game.  When you disconnect from a game while your opponent has a significant advantage, you will receive an automatic loss. If the game is played and completed in its entirety, the results of the game will stand. The Ultimate Gamer Customer Support team has the sole discretion to adjust end game results at any time.

 

Recordings and Release

Ultimate Gamer may use third party websites and technologies to record or stream gameplay or chat dialogue occurring through the Services, including your own dialogue, and that photos and videos of you may otherwise be taken of in connection with the Services (“Recordings”). These Recordings may include your name, likeness, image and other characteristics.  We use Recordings to verify compliance with these Terms and as part of marketing and promotion of the Services. Please do not submit personally identifiable information in gameplay dialogue — this information is available for anyone to see and use. You may record and distribute your own recordings of gameplay dialogue for non-commercial purposes (i.e., you may not record or distribute Recordings for compensation) so long as your recording and distribution: (a) do not include other products or services that are competitive with the Services, and (b) comply with these Terms.  You hereby grant to Ultimate Gamer the irrevocable, perpetual right to use, reproduce distribute, create derivative works of, and publish the Recordings of you or which you may be included, by all means and, in any media, whether now known or hereafter developed. You agree that all images, testimonials, photos, video, and audio taken at or in connection with Ultimate Gamer are the sole and exclusive property of Ultimate Gamer.

 

Billing, Payment, Fees and Prizes

ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS PLACED IN THE ULTIMATE GAMER ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW. Through the Services, Ultimate Gamer may make available a prepaid balance service (“Ultimate Gamer Account Balance”). Your Ultimate Gamer Account Balance may only be used to obtain certain products and services offered by Ultimate Gamer (excluding the Ultimate Gamer Store found at http://www.Ultimate Gamer.com). To access the Ultimate Gamer Account Balance, you may be asked to provide registration details, including without limitation a Payment Method (defined below) and related billing address. Ultimate Gamer may offer you the ability to use the following payment methods to place prepaid funds into your Ultimate Gamer Account Balance: credit card, prepaid payment card, promotional code, or any other payment method as specified by Ultimate Gamer (“Payment Method”). Any promotional code provided to you by Ultimate Gamer for use as a Payment Method may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a Payment Method to Ultimate Gamer for use in connection with the Ultimate Gamer Account Balance, you represent to Ultimate Gamer that you are the authorized user of the Payment Method, and you authorize Ultimate Gamer to charge your Payment Method for any Ultimate Gamer Account Balance funds or other fees incurred by you. If your use of the Ultimate Gamer Account Balance is subject to any sales or other taxes, then Ultimate Gamer may also charge you for those taxes. You are responsible for all uses of your Ultimate Gamer Account Balance, including all applicable taxes and all purchases made by you or anyone else using your Ultimate Gamer Account Balance.

Entry Fees and Prizes

When you participate in a pay-to-enter competition (a “Cash Game”), any entry fees for such Cash Games paid by you represent a “Platform Fee” to Ultimate Gamer made solely for the setting up and management of all Cash Games. By participating in a Cash Game and paying this fee to Ultimate Gamer, you acknowledge that these funds are held by Ultimate Gamer for the Services and you grant to Ultimate Gamer the irrevocable authority to pay the winner of the Cash Game the prize associated with such Cash Game.

You should also be aware that the total entry fees paid by participants in any given Cash Game are not paid out as prizes, as Ultimate Gamer retains part of the entry fees paid as a service fee on all Cash Games played. This fee allows for the continued operation and maintenance of the Services and the development of additional features and content in the future. The cash prizes in each competition are predetermined, guaranteed and represent an amount determined by Ultimate Gamer in its absolute discretion and is subject to change without further notice to you.

Prize Payments

Your winnings are awarded to you in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded to you are your sole liability and responsibility. If you are a U.S. resident, we, may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.

 

Currency

You hereby acknowledge and agree that:

  • all references to dollars or “$” on the Services are references to U.S. dollars (“USD”), and all transactions (entry fees, refunds and prizes) will be denominated in USD unless otherwise expressly stated;
  • as a result, if you make a payment to, or you receive a payment from, us in connection with your use of this Services, currency conversion may apply;
  • for the purpose of allowing you to make a payment to or receive a payment from us, all currency conversions shall be executed by an exchange rate offered by your financial institution; and
  • in every case, it is your responsibility to monitor and accept the exchange rate(s) offered and service charge(s) by your financial institution before proceeding with any transaction through the Services involving an exchange of currency.

Rules of Conduct

  • Ultimate Gamer reserves the right to temporarily or permanently ban you if you violate these rules of conduct, or who in any way abuse the community purpose of the chat areas of the Ultimate Gamer Discord.
  • We reserve the right to remove any posts for any reason.
  • Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.
  • Impersonating other participants is not allowed.
  • Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed
  • Advertising or promotion of other companies or URLs is not allowed.
  • Limit postings to the subject of the Service’s competitions, games, message board or websites.
  • Do not share personal information (your name, phone number, home address, password) with others on the Services.
  • Messages may not contain advertising or material that violates third-party rights, including third-party intellectual property rights.
  • Information disclosed in the Ultimate Gamer Discord, message boards, or via eMessages becomes property of Ultimate Gamer and is revealed to the public. Ultimate Gamer is not responsible for any information you choose to disclose to others.
  • Advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.

 

Esports Code of Conduct

By signing up for an account and/or participating in any competition offered through the Services or otherwise affiliated with Ultimate Gamer, you agree to refrain from engaging in any behavior causing or likely to cause harm to or reflect negatively upon the brand, reputation, or goodwill of Ultimate Gamer, including those of its affiliates, sponsors, and business partners. You are expected to behave in a manner consistent with the Ultimate Gamer Esports Code of Conduct available at Esports Code of Conduct, which includes, but is not limited to, standards of honesty, respect, equality, and fair play. Ultimate Gamer reserves the right, in its sole and exclusive discretion, to monitor and evaluate your past or present activity or online communications in assessing compliance with this term. In the event you are found to be engaging, to have previously engaged, or are suspected to have engaged in behavior that is contrary to the rules, standards, and valued expressed herein, Ultimate Gamer hereby reserves the right to suspend or terminate your account, to block your access to the Service, disqualify you from any competition, void winnings, and in the event illegal activity is discovered, to disclose your information to law enforcement, and/or to commence legal action at the sole and exclusive discretion of Ultimate Gamer.

Feedback Policy

Ultimate Gamer, in its sole discretion, may use all comments and suggestions, whether written or oral, furnished by you to Ultimate Gamer in connection with the Services (collectively, “Feedback”).  You hereby grant to Ultimate Gamer a worldwide, non-exclusive, perpetual, royalty-free right and license to incorporate and use the Feedback in Ultimate Gamer products and services.

Anti-Spam Policy

Ultimate Gamer prohibits any activity commonly referred to as “Spam”. If you are reported to be sending “Spam” and Ultimate Gamer validates this claim, you will have your account either immediately terminated or suspended, at the sole discretion of Ultimate Gamer.

Additionally, any winnings may be voided at the sole discretion of Ultimate Gamer. Ultimate Gamer defines “Spam” as:

Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;

Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;

Solicitations posted to Discord rooms, or to groups or individuals via Internet Discord or “Instant Messaging” system (such as Skype), or the Ultimate Gamer Discord;

 

 

Intellectual Property Rights

The Services, including all content, features, and functionality thereof, are owned by Ultimate Gamer, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Ultimate Gamer. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.

You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services. Ultimate Gamer’s Fan Content Policy governs non-commercial use of such content.

For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Ultimate Gamer’s sole judgment)

 

 

User Contributions

The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to Ultimate Gamer and other users (“Post”) content or materials (“User Contributions”) on or through the Services.

All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant Ultimate Gamer a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display and publicly perform such User Contribution throughout the world in any media and by any means whether now known or hereafter developed.

You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Ultimate Gamer takes no responsibility and assumes no liability for any content Posted by you or any third party.

Ultimate Gamer has the right but not the obligation to monitor and edit or remove any User Contributions. Ultimate Gamer also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. Ultimate Gamer may exercise these rights at any time, without notice or liability to you or any third party.

Linking

You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services.  Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by Ultimate Gamer on an “as is” and “as available” basis. Ultimate Gamer makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, Ultimate Gamer disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ultimate Gamer does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, Ultimate Gamer’s servers, or electronic communications sent from Ultimate Gamer are free of viruses or other harmful components.

To the full extent permissible by law, Ultimate Gamer will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms. Further, to the full extent permissible by law, Ultimate Gamer’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to Ultimate Gamer under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Indemnification

This section only applies to the extent permitted by applicable law.  If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.

You agree to defend, indemnify, and hold harmless Ultimate Gamer, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.

Governing Law; Jurisdiction; Arbitration; No Class Action

Any dispute or claim by you arising out of or related to these Terms shall be governed by the laws of the State of New York without regard to its conflict of laws principles.  For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and Ultimate Gamer agree to submit to the exclusive jurisdiction of the federal and state courts located in New York, New York.  The Convention on Contracts for the International Sale of Goods will not apply.  Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.  This paragraph will be interpreted as broadly as applicable law permits. By using the Services, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Ultimate Gamer or the officers, directors and employees of Ultimate Gamer (all such individuals and entities collectively referred to herein as the “Ultimate Gamer Entities”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Ultimate Gamer Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Ultimate Gamer Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Ultimate Gamer Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Ultimate Gamer agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Ultimate Gamer will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Ultimate Gamer shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) North Korea, Iran, Syria, Sudan or any other country subject to U.S. embargo or trade sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

To the maximum extent permitted by applicable law, You and Ultimate Gamer agree to only bring disputes in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.

Notice and Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Ultimate Gamer has adopted a policy of terminating, in appropriate circumstances as determined by Ultimate Gamer, users or account holders who are deemed to be repeat infringers of the copyrights of others. Ultimate Gamer may also at its sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your work has been used in connection with the Services in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement (“DMCA Notice”) to our Designated Copyright Agent as follows:

Legal Department
Ultimate Gamer, LLC.

8450 NW 64th Street #1

Miami, Florida 33166

Email: legal@ultimategamer.com

Please include all of the following in your DMCA Notice:

  • Identify the copyrighted work that you claim has been infringed. If your DMCA Notice covers multiple works, you may provide a representative list of such works.
  • Identify the material that you claim is infringing, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material. Where possible, please include the URL of the webpage where the material is located.
  • Provide your full legal name, mailing address, telephone number, and (if available) e-mail address.
  • Include the following statement in the body of the DMCA Notice:
  • I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.
  • Provide your electronic or physical signature.
  • Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification with us.

Miscellaneous

 

All notices under this Agreement shall be in writing and shall be deemed duly given upon receipt, and may be delivered by: (a) hand; (b) express courier with a reliable system for tracking delivery; (c) confirmed facsimile with a copy sent by another means specified in this Section; or (d) registered or certified mail, return receipt requested, postage prepaid, and addressed to the recipients as set forth above. This Agreement represents the entire agreement between the parties with respect to the subject matter covered by this Agreement.  No other agreement (whether written or oral), statement, or promise made by any party, or by any employee, officer, or agent of any party regarding this subject matter, that is not contained in this Agreement shall be binding or valid, unless such agreement shall be in writing and signed by the parties hereto after the execution of this Agreement.   This Agreement may be translated into languages other than English as a convenience to our users.  However, in the event of any conflict between the terms of the English language version and another language version, the English language version shall control.  You may not assign this Agreement without the prior written approval of Ultimate Gamer.   Any assignment in violation of this Section shall be void ab initio.  The failure of either party to this Agreement to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of the Agreement.  Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, acts of war or terrorism, pandemic, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond the reasonable control of such party.  The relationship of Ultimate Gamer to you is that of an independent contractor, and this Agreement shall not create any franchise, joint venture, partnership, or similar relationship. Except as expressly provided in this Agreement, neither party shall represent itself as an agent or employee of the other party.

 

General Questions

For general questions, contact us at. support@ultimategamer.com.