UBERFAN TERMS OF USE
INTRODUCTION
Welcome to UberFan. Read the terms of use carefully and completely. If you do not read, understand, accept and agree to these terms
of use, you may not use this website. UberFan reserves the right to change the terms of use of its website in its sole discretion upon 30
days notice of posting of such changes on its website. UberFan maintains all of its copyrights, trademarks and other protections in all
of its functions, information, and other content or material of any kind. You will not reproduce, transmit or distribute any of
UberFan’s materials without its express written consent. UberFan reserves the right to edit, remove or delete features or content at any
time, in any way, for any or no reason. UberFan is not obligated to post, deliver, transmit, or otherwise make available, or edit,
remove, delete or otherwise use, or take any action with respect to submissions by its users. UberFan reserves the right to refuse to
allow you to upload, post, submit, transmit or otherwise make available on its website content, information or material of any kind, or
edit, remove or delete your submitted content, information or material of any kind, or revoke your right to use this website in any
form, and/or use any technological, legal, operational or other means available to UberFan to enforce the provisions of this terms of
use agreement, including, but not limited to, blocking specific IP addresses or deactivating your account/registration of any or all
UberFan website component(s). You accept and agree that you are solely liable for any and all costs, claims, demands, investigations,
liabilities, losses, damages, judgements, settlements, expenses, including attorney’s fees, connected to or arising from any violation of
this terms of use agreement.
RULES OF CONDUCT & PROHIBITIONS
By using UberFan, you agree to the following prohibitions:
- Abusive, attacking, bullying, bigoted, defamatory, demeaning, discriminatory, exploitive, false, flaming, graphically or
gratuitously violent, griefing, harassing, harmful, hateful, impersonating, inappropriate, indecent, insulting, intimidating,
libelous, malicious, misleading, misrepresentative, nude, obscene, offensive, pornographic, profane, racially offensive,
sexually explicit, stalking, threatening, trolling, or vulgar posts, submissions, content, files, graphics, images, information,
language, or material of any kind is prohibited.
- Advertising, chain letters, multi-level marketing, pyramid schemes, selling, soliciting, spamming, or junk mail, of any kind, or
otherwise make available, any products, services or otherwise, for profit or not, is prohibited.
- Impersonation of any person or entity, or misrepresentation of your identity or affiliation with a person or entity is prohibited.
- Distributing, posting, submitting, transmitting, or otherwise make available, content, data, files, graphics, images, information,
language, or material of any kind, that infringes or violates any right of UberFan, a third party, or any domestic or international
law, rule, regulation, including but no limited to: confidentiality agreements, copyright, intellectual property right, patent,
proprietary right, right to privacy, or trademark without permission is prohibited.
- Distributing, posting, transmitting, or otherwise make available, content, data, files, graphics, images, information, or material
of any kind, that contains a bot, deleterious programming, malicious code, spyware, time bomb, trojan horse, worm, virus, or a
harmful component of any kind is prohibited.
- Engaging in activity that imposes an unreasonable or disproportionally large load to the website infrastructure, or otherwise
adversely affects, restricts or inhibits any other user from using and enjoying the website, or is antisocial, disruptive or
destructive, including but not limited to: non-pertinent posts, submissions, flooding, spamming, denial of service, or otherwise
is prohibited.
- Collecting or attempting to collect user content or material of any kind, or otherwise access UberFan, using automated means,
including but not limited to: harvesting bots, robots, spiders, scrapers, without permission is prohibited.
- Soliciting personal, username, password, or sign-in information of any kind, or accessing another user’s account is prohibited.
- Content, data, files, graphics, images, information, language, or material of any kind, that advocates or encourages a criminal
offense, or give rise to a civil liability, or intent to commit illegal activity, or otherwise violates any local, state, national, or
international law is prohibited.
- Submitting games as “watched” that you did not watch at a ballpark, on TV, on the Internet, or listened to on the Radio is
prohibited.
By using UberFan you accept and agree that:
- You are 13 years of age or older.
- You will keep profile information accurate and up-to-date.
- You will not impersonate any other persona other than yourself or misrepresent your identity.
- You will not sell, transfer or assign your account, share your password, allow others to access your account, or do anything else
that might jeopardize the privacy or security of your account. You are fully responsible for the all use of your account and for
any actions that take place using your account.
- Your submissions to UberFan and its website are not private communications and UberFan does not guarantee the privacy or
security of any content, information or submission you provide to it or its website, nor do you have any expectation of privacy
or security. You use UberFan and its website at your own risk.
- UberFan does not endorse, guarantee, nor can it be held responsible for the accuracy, completeness, efficacy, legality,
relevance, reliability or veracity of any content generated, submitted or otherwise made available by its users. UberFan does
not guarantee the appropriateness or decency of content submitted by its users, nor does content submitted by its users
constitute an affiliation with or endorsement by UberFan.
- You will not be compensated by UberFan for any of your submissions or suggestions on or to it or its website.
- You specifically grant UberFan and its website a perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and
transferable license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual
property rights you own or control to use, reproduce, transmit, distribute, display or otherwise make available, of your
generated or submitted content, without further notice to you, with or without attribution, and without the requirement of any
permission from or payment to you or any other person or entity.
- There is no confidential, fiduciary, contractually implied or other relationship created between you and UberFan and its
partners other than as expressly set forth in this terms of use agreement. Partners include UberFan’s vendors, third party
contractors, agents and assigns.
- You will not violate UberFan’s rules of conduct and prohibitions. UberFan may edit, remove or delete your submitted content,
or revoke your right to use any or all of this website for any violation of its rules of conduct and prohibitions, terms of use, or
any other reason or no reason.
LINKS, SOCIAL MEDIA PLUG-INS & SEARCHES
You accept and agree that if you use any links, social media plug-ins or searches on this website, they may take you to websites or
render information beyond UberFan’s control (e.g., ads, ad searches, third party social media, user generated links, etc.). In so doing,
you acknowledge that the destination or information of links, social media plug-ins or searches may contain different terms of use and
privacy policies, and that UberFan is not responsible for content or consumption from or of them. UberFan does not guarantee that
you will be satisfied with any content, products, services or otherwise that you consume or purchase from a third party website that
connects to or from UberFan, nor does it endorse, nor can it be held responsible for the accuracy, appropriateness, completeness,
decency, efficacy, legality, relevance, reliability or veracity of content, information, or material of any kind contained or offered in or
by connected websites. You accept and agree that any connection to websites to or from a third party does not automatically constitute
an affiliation with or endorsement by UberFan.
DISCLAIMERS
UberFan nor its partners shall be liable for your submitted content, or the submitted content of any of its users. You are fully
responsible for all use of your account and for any actions that take place using your account. Your submitted content is not
confidential and may be read and/or intercepted by others, and is widely accessible on the Internet and/or any other interactive media.
UberFan does not guarantee privacy or security of any content, information or submission you provide, submit or otherwise make
available to it or its website. UberFan and its partners do not typically monitor, screen, edit, remove or delete your submitted content,
although it and its partners reserve the right to do so. UberFan does not endorse, nor guarantee, nor can it be held responsible for the
accuracy, appropriateness, completeness, decency, efficacy, legality, relevance, reliability or veracity of content, information or
material of any kind posted, submitted or otherwise made available by any of its users, UberFan and its partners.
WARRANTY DISCLAIMER. ALL MATERIALS AND PRODUCTS ARE FURNISHED BY UBERFAN AND ACCEPTED BY
YOU “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY UBERFAN. UBERFAN DOES NOT WARRANT
THAT THE MATERIALS AND PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE
UNINTERRUPTED OR ERROR FREE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
MATERIALS AND PRODUCTS IS WITH YOU.
LIMITATION OF LIABILITY. IN NO EVENT WILL UBERFAN BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATERIALS OR PRODUCTS ON ITS
WEBSITE OR THE USE OR INABILITY TO USE THE SAME, EVEN IF UBERFAN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANYONE BRINGS A CLAIM AGAINST UBERFAN OR ITS PARTNERS
RELATED TO YOUR USE OF THE UBERFAN WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD UBERFAN AND ITS
PARTNERS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING
REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM. UBERFAN’S AGGREGATE LIABILITY UPON
ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT
FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED
TO THE AMOUNT YOU HAVE PAID TO UBERFAN, IF ANY.
EXCLUSIVE REMEDIES. UBERFAN’S ENTIRE LIABILITY YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES
CAUSED BY ANY DEFECT, FAILURE OR NONPERFORMANCE, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL
NOT EXCEED THE AMOUNT YOU HAVE PAID TO UBERFAN IN THE LAST ONE YEAR, IF ANY.
JURISDICTION & VENUE
This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United
States of America and the state of Minnesota, without regard to its conflict of law provisions. Any action between you and UberFan will
be venued in a state or federal court situated within the state of Minnesota, and you irrevocably submit yourself to the personal
jurisdiction of such courts for such purpose.
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