Last updated October 23, 2023
- Your Use of the Website – Permissions and Restrictions. Ultra Mobile hereby grants you permission to access and use the Site and the Content for your personal use only, including the purchase of products and services, under the following conditions:
- You agree not to alter or modify any part of the Site.
- You agree not to use the Site for any commercial use without the prior written authorization of Ultra Mobile.
- You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on the Site. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the Site. You agree not to collect or harvest any personally identifiable information from the Site or to use the communication systems provided by the Site (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site. Any conduct by you that in Ultra Mobile’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
- You agree not to upload, post or otherwise make available on the Site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
- You also agree not to impersonate any other person or to conduct yourself in a vulgar or offensive manner while using the Site. You agree that Ultra Mobile may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Ultra Mobile’s sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
- You agree that Ultra Mobile, should it accept a User Submission, may include that User Submission in the Site for as long or as short a period of time as Ultra Mobile, in its sole discretion, chooses. Furthermore, you agree that Ultra Mobile may edit User Submissions.
- You agree that Ultra Mobile shall have the right, but not the obligation, to monitor the content of the Site and to remove any material that Ultra Mobile, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
- Ultra Mobile reserves the right to discontinue any aspect of the Site at any time.
- Account Registration. In order to participate in certain areas of the Site, you may need to register for an account. You agree to: (i) create only one account; (ii) provide truthful, accurate, current and complete information when creating your account; (iii) maintain the security of your account by restricting access to your account and not sharing your password with others; (iv) maintain and promptly update your account information if necessary; (v) notify Ultra Mobile promptly upon learning of any security breaches relating to the Site; and (vi) take responsibility for and accept all risk relating to any and all activities and transactions that occur under or in connection with your account.
- Disclaimer of Opinion. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by you or third parties on the Site are those of the respective authors or producers and not of Ultra Mobile, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees. Under no circumstances shall Ultra Mobile, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site.
- Disclaimer of Warranty. Reasonable efforts have been made to ensure the accuracy of information presented on the Site, but the accuracy of this information cannot be guaranteed. The Site, the Content, and any and all products or services promoted or sold via the Site are provided on an “as is” and “as available” basis. The use of the Site, the Content and any product or service discussed, promoted or sold via the Site is at your own risk. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ULTRA MOBILE, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “ULTRA MOBILE PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NONE OF THE ULTRA MOBILE PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE ULTRA MOBILE PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR BY THE SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. ULTRA MOBILE DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 8, ANY ULTRA MOBILE PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Ultra Mobile is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Ultra Mobile without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services and creating, modifying or improving the Site or other websites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against Ultra Mobile and its parent, subsidiaries and affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Ultra Mobile reserves the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
- Digital Millennium Copyright Act. It is Ultra Mobile’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Ultra Mobile to locate the material;
- Information reasonably sufficient to permit Ultra Mobile to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Ultra Mobile’s designated Copyright Agent to receive notifications of claimed infringement is: James Keenan, Esq., Bernstein, Shur, Sawyer & Nelson, P.A., PO Box 9729, Portland, ME 04104. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Ultra Mobile customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Site or disabled after Ultra Mobile received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Ultra Mobile a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Ultra Mobile may send a copy of the counter-notice to the original complaining party informing that person that Ultra Mobile may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides Ultra Mobile with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Ultra Mobile’s sole discretion.
- Intellectual Property Notice. All Content of the Site is owned by Ultra Mobile or its licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such Content is reserved. Reproduction of any Content, in whole or in part, without permission is prohibited.