Uberpong | Terms of Service
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Terms of Service

 

I. Terms of Service

II. Privacy Policy 

III. Pricing, Shipping, and Returns

IV. IP Policy

V. General Terms 

 

I. Terms Of Service

 

 

PLEASE CAREFULLY READ THIS AGREEMENT PRIOR TO USING THE SITE OR THE SERVICES. BY USING THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO PURCHASE TRANSACTIONS, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF THE THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES.

 

1.1 USER ACCOUNT, PASSWORD AND SECURITY

 

You agree to the following terms and conditions:

  • To provide complete, up-to-date information to create your account, to keep your account information current, as well as maintain the confidentiality of your account information and password.  You agree to immediately notify Uberpong™ (info@Uberpong™.com) of any unauthorized access or use of your account.
  • Not to access anyone's account without their consent or impersonate any other person/entity or thing through your account or the information provided therein.
  • To be solely responsible for all activities that occur under your account.
  • Not to use the Site or Services if you are under 18 years of age ("minor") without your legal guardians' or parents' consent.  Furthermore, parents or legal guardians of minor users agree on your behalf that you will comply with this Agreement.
  • That we may temporarily or permanently discontinue providing the Site or the Services at any time without notice to you or penalty to us.
  • That we may preserve and/or disclose information if required to do so by law enforcement or in good faith believe that such preservation or disclosure is necessary under the terms and conditions of this Agreement or applicable law.

 

If you create or maintain an account on behalf of someone else or another entity, you also agree to the following terms and conditions:

 

  • You will comply with all of the terms and conditions listed above with respect to individual accounts.
  • You represent that you are an authorized representative of the person or entity on whose behalf you create or maintain an account.

 

1.2 PROHIBITED USES

 

You agree that you submit Content at your own risk and that neither Uberpong™ nor its

directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensorswill be responsible for any risks arising from the submission, production or depiction of such Content on any product.

 

You acknowledge that Uberpong™ does not pre-screen, pre-approve or endorse submitted Content, and that Uberpong™ and its designees shall have the right, but not the obligation, in their sole discretion, to reject and/or remove any Content available on or through the Site, at any time, that may violate our policies or be objectionable to us. You also acknowledge that we may review your order for compliance with our policies and that we expressly disclaim any and all liability in connection with your Content.

 

Your Content shall not:

 

  • Violate this Agreement, any policies herein or any applicable law.
  • Infringe the intellectual property or privacy rights of any third parties.
  • Be defamatory, obscene, pornographic, unlawfully threatening, harassing or humiliating, hateful, racially or ethnically offensive, impersonate any person, thing or entity or create a risk to anyone's safety or privacy. 

 

Examples of Prohibited Content

NO use of names, logos, pictures or other intellectual property of universities, cartoons video games, or celebrities, such as, but not limited to, musicians, actors, athletes, and sports teams (including the Olympics). This list is not intended to represent an exhaustive collection of prohibited content.

 

1.3 INFORMATION FOR CALIFORNIA USERS

 

Pursuant to California Civil Code Section 1789.3:

 Uberpong™, LLC 3508 E. Cesar Chavez, Austin, TX 78702; (512) 865-5439 the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be reached at t 400 R. Street, Sacramento, CA 95814; (914) 445-1254 or (800) 952-5210.

 

 

II. PRIVACY POLICY

 

2.1 YOUR PRIVACY

 

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage.

 

2.2 GOOGLE ADSENSE AND THE DOUBLECLICK DART COOKIE

 

Google, as a third-party advertisement vendor, uses cookies to serve ads on this site. The use of DART cookies by Google enables them to serve adverts to visitors that are based on their visits to this website as well as other sites on the internet.

To opt out of the DART cookies you may visit the Google ad and content network privacy policy at the following url: http://www.google.com/privacy_ads.htmlTracking of users through the DART cookie mechanisms are subject to Google’s own privacy policies.

 

Other third-party ad servers or ad networks may also use cookies to track users' activities on this website to measure advertisement effectiveness and other reasons that will be provided in their own privacy policies.  You acknowledge that Uberpong™ has no access or control over these cookies that may be used by third-party advertisers.

 

2.3 COLLECTION OF PERSONAL INFORMATION

 

When visiting this website, the IP address used to access the site will be logged along with the dates and times of access. This information is purely used to analyze trends, administer the site, track users movement and gather broad demographic information for internal use. Most importantly, any recorded IP addresses are not linked to personally identifiable information.

 

2.4 LINKS TO THIRD-PARTY WEBSITES

 

We have included links on this site for your use and reference. We are not responsible for the privacy policies on these websites. You should be aware that the privacy policies of these sites may differ from our own.

 

2.5 CHANGES TO THIS PRIVACY STATEMENT

 

The contents of this statement may be altered at any time, at our sole discretion. If you have any questions regarding the Privacy Policy of Uberpong™.com, you may contact us at info@Uberpong™.com

 

2.6 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If you send certain specific submissions at our request (e.g. contest entries) or you send unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provideto us. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments or respond to any comments.

You agree that your comments will comply with Section 1.2 above (PROHIBITED USES) and that you are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

III. PRICING, SHIPPING, AND RETURNS

 

SHIPPING

  • All shipping times are estimates only. Our typical turnaround time is 14 days but can be as long as 21 days during busy periods and holiday seasons. 
  • All orders are printed on demand - we do not keep extra paddles at our facility. All paddles (designer, and custom) need at least 3 days to print and assembly and all expedited shipping is subject to this timeframe.
  • We make every effort to provide timely processing and shipping of orders, however, you understand that once merchandise is delivered to shipping carriers, we are not liable for shipping errors, including but not limited to loss, misrouting or delays due to weather, natural disasters or other unforeseen and uncontrollable circumstances.
  • We partner with the most popular shipping carriers. If an order has been marked "delivered" by that carrier and you cannot locate your order, we recommend contacting the carrier to locate your order. 
  • If custom tables are ordered and free shipping is applied, the delivery address on the order will be the final destination. If delivery is attempted on the day and you cannot receive the table, a rearranged delivery date will be organized with a fee applied. If an address change is made once the table is at the destination stated on the original order, a fee will be applied. Any special instructions must be made on the original order or fees will apply. 

 

RETURN POLICY AND PRICING

  • Because of the custom nature of our products we do not accept returns on custom products. 
  • In the case of merchandise arriving damaged or materially differing from what was specified in your order, you must notify us of any claimed error or damage within thirty (30) days of receipt of merchandise and a replacement or reprint may be offered.
  • You are responsible for all merchandise shipping and handling expenses, and (if applicable), customs clearance, import/export fees, freight risks and insurance, and you may be required to act as the importer of record for international shipments.
  • All prices are in US dollars and are subject to change at our sole discretion.
  • Products and product availability may change at our sole discretion.
  • We reserve the right to cancel any order for any reason, including alleged intellectual property rights infringements of third parties.  We will notify the purchaser if an order is canceled.
  • We make every effort to provide timely processing and shipping of orders, however, you understand that once merchandise is delivered to shipping carriers, we are not liable for shipping errors, including but not limited to loss, misrouting or delays due to weather, natural disasters or other unforeseen and uncontrollable circumstances.

 

IV. IP POLICY

 

4.1 LICENSE

 

You retain the rights to the Content you provide to Uberpong™.  However, to the extent that you provide us with Content, including text, photographs, graphics, images or other works of authorship, on or through the Site or your account, you grant us a worldwide, non-exclusive, assignable, sublicenseable, fully paid up, royalty-free, perpetual, irrevocable, unlimited license to copy, display, reproduce, perform, use and create derivative works from such Content without any further notice to you or any third parties.

 

4.2 WARRANTY

 

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF ALL CONTENT WHICH YOU SUBMIT AND/OR PROVIDE TO US AND THAT THE CONTENT DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTIES, AND THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT, IN WHOLE OR PART.  YOU HEREBY REPRESENT AND WARRANT TO US THAT YOU HAVE THE LEGAL CAPACITY AND RIGHT TO ENTER INTO THIS AGREEMENT WITHOUT THE APPROVAL OR CONSENT OF ANY THIRD PARTY AND THAT EXECUTION OF THIS AGREEMENT DOES NOT VIOLATE ANY OTHER AGREEMENT, DOCUMENT OR LAW APPLICABLE TO YOU.

 

4.3 DMCA

 

Users are prohibited from using the Site or Services in a way that infringes the intellectual property rights of third parties.  We may terminate the accounts of users who infringe the intellectual property rights of others.  If you believe that your intellectual property rights are being infringed by a user of our service, you may write to our Designated Agent at ip@Uberpong™.com and provide the following information:

 

 

  1. A physical or electronic signature of a person authorized to act on behalf of the rights owner.
  2. Identification of the intellectual property rights that have been allegedly infringed.
  3. The complete URL and/or a sufficiently detailed description of the allegedly infringing Content and its location on our website. Please note that providing our Home Web Address www.Uberpong.com does not sufficiently identify the allegedly infringing content or where it may be located on our website.
  4. Your complete name, address, telephone number and a valid email address.
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

 

Please note that Uberpong™ may provide a copy of your DMCA notice or counter notice to the other parties concerned.  You acknowledge that we are not in a position to arbitrate disputes between third parties, and that we reserve the right to remove or disable access to any Content in violation of this Agreement or applicable law.

 

Misrepresentation of Intellectual Property Rights Infringement

You may be liable for damages if you knowingly misrepresent that your intellectual property rights have been infringed or that Content was removed or disabled by mistake.  If you are unsure whether your intellectual property rights have been infringed, please contact an attorney for further guidance prior to contacting Uberpong™.

 

For more information on copyright visit the United States Copyright Office at http://www.copyright.gov and http://www.copyright.gov/circs/ .

 

 

V. GENERAL TERMS

 

 

5.1 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

  • We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
  • The Site and Services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • In no case shall Uberpong™, our parent, directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract or tort, strict liability or otherwise, arising from your use of any of the Site or Services, including any products acquired through the Site or Services, or for any other claim including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of use of the Site or Services, including any content or products made available through the Site or Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

5.2 INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Uberpong™ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

5.3 SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

5.4 TERMINATION

 

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
  • These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us at info@Uberpong™.com that you no longer wish to use our Services, or when you cease using our Site.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

5.5 ENTIRE AGREEMENT

 

  • These Terms of Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

5.6 GOVERNING LAW

 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas.

 

5.7 CHANGES TO TERMS OF SERVICE

 

We reserve the right, at our sole discretion, to revise any part of these Terms of Service at any time.  You acknowledge that you are responsible for periodically checking our website for revisions and that your continued use of, or access to, our Site or Services constitutes acceptance of the revised Terms of Service.

 

5.8 CONTACT INFORMATION

 

Questions about the Terms of Service may be emailed to us at info@Uberpong™.com.

 

 

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