Vonazon, Inc. & Marketing Entity “The Ultimate Gamer”
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.
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
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.
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.
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.
Termination of Use
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.
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.
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.
General Legal Terms