Terms & Conditions

Vonazon, Inc. & Marketing Entity “The Ultimate Gamer”

Website Terms of Use

Last Updated: May 24, 2013

Welcome to the The Ultimate Gamer, website (including services (any services or software provided through the Site) and content (defined as any information, text, graphics or other materials appearing on the Site)) (the “Site” or “The Ultimate Gamer) and its subsidiaries (collectively “Vonazon, Inc.”). The website is comprised of various Web pages operated by Vonazon, Inc.

The following terms and conditions (these “Terms of Use”) govern your access to and use of the Site, The Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By accessing or using the Site, you hereby agree to follow and be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by the Terms of Use, do not use or access the Site. If you are using this Site on behalf of another party (such as your employer), you represent and warrant that you have the authority to do so and to accept these Terms of Use on their behalf.

Areas of the Site may have different terms of use posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site the latter shall have precedence with respect to your use of or access to that area of the Site.

Perpetuity Rights

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Vonazon have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms of Use shall continue to apply to such rights, obligations and liabilities indefinitely.

Notifications; Modification of Terms of Use

Vonazon reserves the right to change the Terms of Use and notices under which the Site is offered. We may provide notices to you either by posting them on the Site or by email. All notices are effective upon posting or when delivered. Additionally, we may revise these Terms of Use at any time without notice to you. By continuing to access or use the Site after we have posted any such revisions, you agree to be bound by the revised Terms of Use. If any revision is not acceptable to you, your only recourse is to cease using the Site. You may not use this Site or accept the Terms of Use if you are barred or otherwise prohibited from doing so.

Guard Your Passwords

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site.

Your Use of Site Information

As a condition of your use of the Site, you warrant to Vonazon that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You may download, view, copy and print a single copy of any Content, subject to the following: (i) the Content may be used solely for personal, and informational use and not sold; (ii) the Content may not be modified or altered in any way; and (iii) your continued compliance with all the restrictions set forth in these Terms of Use. Except as expressly permitted in these Terms of Use, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from this Site in whole or in part without the express written authorization of Vonazon.

Any use of software and accompanying documentation you download from the Site may be subject to the terms of a separate software license agreement between you and Vonazon. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

By uploading, emailing, posting, publishing or otherwise transmitting content to the Site or submitting any content to Vonazon, you automatically grant (or warrant that the owner of such rights has expressly granted) Vonazon a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, destroy, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Vonazon Property

If Vonazon provides you an opportunity to upload documents or information, You hereby grant Vonazon a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, transmit and otherwise use and dispose of such Feedback.

Except as expressly permitted in these Terms of Use, you will not earn or acquire any rights or licenses in the Site on account of these Terms of Use. You acknowledge and agree that Vonazon, and its licensors, own all right, title, and interest in and to the Site, including all intellectual property rights therein, even if Vonazon or its licensors incorporate any Feedback into subsequent versions of the Site, Content or Services. The Site is protected by copyright, trademark and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site.

General Prohibitions

You agree not to do any of the following while using the Site:

Engage in any activities, including but not limited to posting, publishing or transmitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy or publicity rights; or (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

•Copy, modify or distribute the HTML code used to generate web pages on the Site;

•Use the Site, Content or Services on or in connection with any other website, for any purpose;

•Access, tamper with or use non-public areas of the Site, Vonazon computer systems, or the technical delivery systems of Vonazon providers;

•Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;

•Attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Vonazon or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);

•Frame or link to the Site (or any portion thereof), except as may be expressly permitted in writing by Vonazon;

•Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or promotions or advertisements for products or services;

•Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;

•Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided in connection with, or used to provide, the Site, Content or Services;

•Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;

•Impersonate or misrepresent your affiliation with any person or entity.

Vonazon will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Vonazon will involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Vonazon has no obligation to monitor your access to or use of the Site, or any information you may provide during your use of or access to the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body.

Termination of Use

If you violate any of these Terms of Use, your permission to use the Site will automatically terminate. You agree that Vonazon may, in its sole discretion, at any time revoke your access to and use of the Site, and any account(s) you may have in connection with the Site, with or without cause. Vonazon also reserves the right to cease providing or to change the Site at any time and without notice.

Links

The Site may contain links to other non-affiliate Web sites (“Linked Sites”). The Linked Sites are not under the control of Vonazon and Vonazon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vonazon is not responsible for Webcasting or any other form of transmission received from any Linked Site. Vonazon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vonazon of the site or any association with its operators.

You therefore agree that Vonazon is not responsible or liable for: (i) the availability or accuracy of, such third-party websites or resources; (ii) the content, advertising, products or services on or available from such websites or resources; or (iii) any opinions, advice, offers or other information on or available from such websites or resources. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Vonazon is not responsible for third-party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Vonazon is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that Vonazon is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Use of the Site at Your Own Risk

Your access to and use of the Site is at your own risk. Vonazon will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your access to or use of the Site.

Indemnity

You agree to defend, indemnify and hold Vonazon and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Vonazon Entities”), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with your access to or use of the Site, or your violation of these Terms of Use.

LIABILITY DISCLAIMER

THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE VONAZON ENTITIES EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, CONTENT OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

VONAZON ENTITIES MAKE NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE, COMPATIBLE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE.

ALL ADVICE AND INFORMATION, WHETHER ORAL OR WRITTEN, IS “AS IS” AND NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM VONAZON, OR THROUGH THE SITE WILL CREATE ANY WARRANTY.

VONAZON ENTITIES RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ADDING TO, DELETING, CHANGING OR IMPROVING ANY OF THE INFORMATION, PRODUCT(S), SPECIFICATIONS, SERVICES, PROGRAMS, INTERFACES AND TECHNOLOGY, AT ANY TIME WITHOUT NOTICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE VONAZON ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE, WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VONAZON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT VONAZON IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, WRONGFUL OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE VONAZON ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE.

VONAZON ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS BASED UPON THE SITE. VONAZON ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, AND MAKES NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED IN THE SITE. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOUR RELIANCE UPON SITE CONTENT WILL NOT CREATE ANY LIABILITY ON THE PART OF VONAZON FOR ANY CLAIM (WHETHER BASED UPON THEORIES OF PRODUCT LIABILITY OR OTHERWISE) RELATED TO THE PERFORMANCE OF ANY PRODUCT LISTED IN SITE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Severability

In the event that any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Waiver

The failure of Vonazon to enforce any right or provision of these Terms of Use will not be deemed a wavier of such right or provision.

Children Under 13

Our Site is not designed for persons under 13.

Export Restrictions/Legal Compliance

By accessing the Site, you agree to follow and conduct yourself consistent with all laws, foreign and domestic.

You may not access, download, use, export, re-export or transfer, in whole or in part, any of the Site, Content or Services in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority. You agree not to directly or indirectly provide or otherwise make available the services, information and products of Vonazon in violation of any such restrictions, laws or regulations, or without all necessary approvals.

As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Site, Content or Services outside the U.S. Neither the Site, nor the underlying information, technical information or technology, may be used, accessed, downloaded, transferred or otherwise re-exported, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department’s Denied Persons or Entity List, or its Table of Denial Orders, or the U.S. States Department’s Debarred Parties List, as such lists are published and revised from time to time; (iii) to any party engaged in the development, design, manufacture or production of nuclear, chemical, or biological weapons, weapons of mass destruction or missile proliferation activities; or (iv) for use in the design, development or production of rocket systems or unmanned air vehicles. By agreeing to these Terms of Use, you agree to the foregoing and 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.

Applicable Laws

These Terms of Use and all matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Ventura County, California. You and Vonazon agree to submit to the personal and exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

General Legal Terms

These Terms of Use constitute the entire and exclusive understanding and agreement between you and Vonazon regarding your use of and access to the Site, and may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer these Terms of Use, in whole or in part, by operation of law or otherwise, without the prior written consent of Vonazon. Vonazon may assign these Terms of Use at any time without notice. These Terms of Use will bind and inure to the benefit of Vonazon’s permitted successors and assigns. The failure to require performance of any provision shall not affect Vonazon’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself

Contact Information

If you have any questions regarding these Terms of Use or the Site, please contact Vonazon at info@vonazon.com.