ULTRASHOCK, LLC ("we", "us", "our" or "Ultrashock") is pleased to welcome you to its web site located at http://www.ultrashock.com. The following (the "Terms of Use") is a legal agreement between you and Ultrashock that states the terms that govern your access to and use of such web site, its digital content, products and related services (collectively, the "Site").
- Changes to Terms of Use. We reserve the right, at our sole discretion, to change, add or remove portions of the Terms of Use, at any time. It is your responsibility to check the Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the Terms of Use, Ultrashock grants the person who agreed to the Terms of Use ("you" or "your" or "end user") a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
- Age requirements for use of the Site. The Site is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you must review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
- Rules and Policies. Your use of certain sections of the Site may be subject to other posted terms and conditions that govern your use of that section and the specific services, features or transactions available in that section, all of which are hereby made a part of the Terms of Use. If there is conflict between the following terms, and the terms posted for a specific service, feature or transaction offered on the Site, unless otherwise stated in the Terms of Use the latter terms shall control regarding that specific service, feature or transaction.
- Privacy. Except as otherwise expressly provided for herein, the Site is subject to Ultrashock’s Privacy Policy at http://www.ultrashock.com/legal/privacy/, which is expressly made a part of the Terms of Use. If you have not already read our Privacy Policy, you should do so now. The terms and conditions of our Privacy Policy will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
- Acknowledgement of Ownership. You agree that the Site and its digital content (downloaded or samples), including but not limited to all sound recordings, software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, artwork and other works of authorship (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is the property of Ultrashock or its content suppliers, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site in compliance with the Terms of Use. Except as expressly provided in the Terms of Use, no element of any of the foregoing may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, downloaded, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated, transmitted in any way to any other computer or website or other medium, or for any commercial purpose, without Ultrashock’s prior express written consent. Ultrashock will vigorously protect and enforce its rights and intends to prosecute any infringement, misappropriate or other violation of its rights to the fullest extent provided by applicable law.
- Site License. Ultrashock grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ultrashock. This license does not include any resale or commercial use of the Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ultrashock. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ultrashock without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ultrashock's name or trademarks or logos without the express written consent of Ultrashock. Any unauthorized use terminates the permission or license granted by Ultrashock. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Ultrashock, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ultrashock logo or other proprietary graphic or trademark as part of the link without express written permission.
- Products and Licensing. Ultrashock and its content suppliers work hard to create original photographs, images, vector art, flash files, sound recordings and other products (collectively, "Products") for you. Once a product is transformed into a digital format, it can easily be distributed across the Web or other digital media. To ensure that we and our content suppliers receive fair payment for these creations, and to keep prices low, Ultrashock limits use of its Products to the terms specified in our License Agreement. Our License Agreement includes our Standard License Terms and, if you purchase any extended license pursuant to which one or more of the restrictions of the Standard License Terms are amended for your proposed use of the Product (each, an "Extended License"), the terms of each such Extended License. The options for an Extended License depend upon the type of Product and whether the supplier of the Product has opted-in to the terms of the Extended License. You agree to comply with all such terms.
- "My Account," Passwords and Security. Certain services offered on or through the Site may require you to first open an account (your "Account"). You are responsible for maintaining the confidentiality of your Account information, including your username and password, and for all activity that occurs under your Account. You agree to notify Ultrashock immediately of any unauthorized use of your Account information or password, or any other breach of security. You may be held liable for losses incurred by Ultrashock or any other user of the Site due to someone else using your password or your Account. You may not use anyone else’s password or account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your Account will be terminated.
- Accuracy of your Account Information. You agree to provide us with accurate, current and complete information about you and your billing information as prompted by the registration process. You may update any of your Account information by clicking on the "My Account" button and entering the desired change or selecting the appropriate link to do so.
- Credits and Payment. To purchase Products available for download or delivery from or through the Site, you first need to purchase credits. You may purchase credits after you first become a registered user. Credits are sold on the Site in bundled packs, e.g., a stated dollar amount for a pre-determined number of credits. Credits you purchase are available to download Products for a period of one (1) year from the date of purchase. All credits unused after that period will be forfeited. The amount you pay for credits is non-refundable. You agree to pay for all credits you purchase on the Site, and that Ultrashock may charge your credit card account for all credits purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND TAXES AND FOR PROVIDING ULTRASHOCK WITH VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES AND TAXES. All fees and applicable taxes will be billed to the credit card you designate during at the time of purchase.
- Downloading. After you purchase a Product, you must download the Product within twenty four (24) hours. We understand that errors make occur during the download process. Therefore, as a courtesy to our users, we permit up to five (5) attempts to download a Product within such twenty four (24) hour period. If after such time period or attempts, whichever occurs first, you do not or are unable to download the Product, you must re-purchase the Product unless your failure is due to causes beyond your control (as determined by Ultrashock in its sole determination).
- Consent to Communication With You By E-Mail. By establishing your Account with us, you grant permission to Ultrashock to contact you at your e-mail address for administrative purposes. Ultrashock may send you notice with respect to the Site or your Account by sending an e-mail message to the e-mail address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on the Site. Notices shall become effective immediately.
- Your Postings to this Site and Conduct of Registered Users. In some sections of our Site, you can post or tell us or other registered users your comments on a given topic, or start a new topic for others to respond to. In doing so, we believe that all users benefit from following basic rules regarding conduct while using the Site so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask you, and you hereby agree, to comply with the following basic rules of conduct when using the Site:
- You have legal rights to post your material and it will not violate any law or the rights of any person;
- You are at least 18 years old if you are in an "adults only" area;
- All information and materials of any kind, including graphics, text or otherwise, posted by a registered user on our Site ("Member Content") are subject to the following terms:
- By posting Member Content, you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use such Member Content to use, distribute, display and create derivative works based on such Member Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you;
- You will not post Member Content for commercial purposes including, without limitation, to advertise, offer or solicit offers to sell or license Member Content to any third person or entity;
- You agree that Ultrashock is not responsible for the truth, completeness, objectivity or usefulness of any Member Content, nor do we endorse any Member Content;
- We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read; and
- We do not screen, monitor, edit or review Member Content. However, we do have the right to monitor or remove any Member Content, and/or terminate access of a user to the forum and/or blogs, at any time and without notice if we believe it will improve our Site. We can also suspend or terminate use of the Site by anyone who does not follow these Terms.
- You will follow the Terms of Use and all applicable laws;
- You will never give your password to anyone (no Ultrashock employee or representative will ask for it because we already have it) and you will not provide your billing or credit card information except to make a purchase;
- You will not harass, threaten or disparage the Site, its policies or administrative personnel, or other people in any manner when using the Site;
- You will not interfere with others' use of the Site, including by interrupting other users' sessions or otherwise act in a way that negatively affects other users' enjoyment of the Site;
- You will not post any material that may be obscene or hateful or offensive on racial, ethnic, sexual, religious or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights;
- You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
- You will not collect or store personally identifiable information about any other individual on the Site, or repeatedly contact or otherwise harass another user;
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Ultrashock; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
- You will not use the Site to harm minors in any way, or encourage interactions with minors of a sexual nature;
- You will not manipulate the Site so as to hide your identity or participation in any forum on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
- You will not post any material that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Site we provide, or users' ability to enjoy the Site, or the proper functioning of any content or information used in connection with the Site;
- You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Site;
If you violate any of the guidelines set forth above or any other provision(s) of the Terms of Use, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice and without any liability to Ultrashock.
- Termination. You or Ultrashock may terminate the Terms of Use and, accordingly, your access to and use of the Site, for any reason at any time. You agree that Ultrashock will not be liable to you or to any third party for termination of your access to the Site. All purchases of credits are NONREFUNDABLE.
- Survival. The following provisions of the Terms of Use shall survive termination, whether for convenience or cause: paragraphs 3, 5 (first sentence), 7, 10 (capital text), 12, and 14-19.
- No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Site may include materials from third parties. In addition, Ultrashock may provide links to certain third party Web sites. You acknowledge and agree that Ultrashock is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Ultrashock does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other person, and that Ultrashock is not in any way responsible for any such use by you.
- Disclaimer of Warranties. THE SITE, SAMPLES, PRODUCTS, ARTWORK, DATA, INFORMATION AND OTHER "CONTENT" ARE PROVIDED "AS AVAILABLE" AND "AS IS." ALL OF ULTRASHOCK’S PHYSICAL PRODUCTS, IF ANY, ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF PURCHASE. EXCEPT AS EXPRESSLY STATED HEREIN, ULTRASHOCK EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
- Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND/OR DOWNLOADING OF PRODUCTS OR THEIR USE REMAINS WITH YOU. IN NO EVENT SHALL ULTRASHOCK OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE MUSIC OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ULTRASHOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT ULTRASHOCK SHALL HAVE TO YOU IS LIMITED TO ANY AMOUNTS ACTUALLY PAID BY YOU TO ULTRASHOCK.
- Indemnity.Notwithstanding anything to the contrary, you agree to indemnify and hold Ultrashock (and its respective managers, members, agents and representatives) harmless for all costs, damages, liabilities and expenses (including reasonable attorneys’ fees) incurred by Ultrashock arising out of or related to any investigation, claim, suit or proceeding in connection with your failure to comply with any provision(s) of the Terms of Use.
- Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Ultrashock will terminate the account of any customer, or vendor who uses his or her or its privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Ultrashock and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Ultrashock will terminate the infringing customer’s account. Ultrashock may also in its sole discretion decide to terminate a customer’s account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Ultrashock has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Ultrashock respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Ultrashock’s website, please contact Kurt D. Summers, Esq. via e-mail to ks@callarisummers.com, via telephone at (714) 371-4299, via facsimile at (714) 371-4199, or mail at:
Kurt D. Summers, Esq., Callari & Summers,
600 Anton Boulevard, 1 Plaza Tower, 11th Floor, Costa Mesa, CA 92626
Any written notice describing the infringing activity must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
- A description of the allegedly infringing work or material;
- A description of where the allegedly infringing material is located on the site;
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
- Electronic Signatures and Contracts. Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND CONTRIBUTIONS.
- Governing Law. You agree that all matters relating to your access to or use of or purchases made from the Site, including all disputes arising out of the Terms of Use, 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 Orange County, California, U.S.A.
- Assignment. We reserve the right to assign the Terms of Use without notice to you or your consent so long as the assignee agrees to be bound by its terms.
Questions or concerns?
If you have any questions about this Terms Of Use Policy, please contact our support team.
Terms of Use changes
We may change, modify, add or remove portions of this Terms Of Use Policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise. This Terms Of Use Policy was last changed on September 25, 2010.
