Terms of Service
These Terms of Service (“Terms”) govern the users’ (“you” or “your”) use of the website www.ultimateinflatables.com (“Website”) and your relationship with Ultimate Fun LLC (trading as www.fundaynight.com) whose registered office is at 629 West 200 South, American Fork, UT 84003 (“we”, “our”, or “us”). Please read them carefully as they affect your rights and liabilities under law. If you have any queries regarding these Terms, please contact us.
If you do not agree to these Terms, please do not access nor use the Website.
Table of Contents
Agreement
By using the Website, you agree to be bound by these Terms. If you do not accept all of the Terms, you must exit the Website immediately.
Amendments
We reserve the right to update these Terms at any time without notice by posting revisions to the Website. It is your responsibility to check for such changes. Your continued use of the Website constitutes your acceptance of the revised Terms. If you do not accept all of the Terms, you must exit the Website immediately.
Website Usage
By offering to rent or purchase goods and services you represent to us that you are 18 years of age or over and authorize us to transmit information (included updated information) to obtain information from third parties to authorize individual purchase transactions.
Registration
- The products purchased on this Website are for private use only and are not for resale.
- The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
- You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at: info@ultimateinflatables.com
Privacy Policy
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. Please review the Privacy Policy before using the Website, your continued use the constitutes your acceptance of these terms.
User Submitted Content
- You hereby grant us and our designees a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, sub-licensable right to use, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, translate, adapt, edit and prepare derivative works of Your Content in connection with the Website or the conduct of our business in any formats and through any media channels.
- That you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto as at the date that the content or material is submitted to us and
- None of the materials included in Your Content are defamatory, libelous, obscene or pornographic, and
- Use of Your Content as provided in these Terms will not violate any legal rights (tangible or intangible) of any third party.
- You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose.
- You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
- You agree to perform all further acts necessary to perfect any of the above rights granted unto us by you, including the execution of deeds and documents at our request. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. In performing these checks personal information provided by you may be disclosed to a credit card processor which may keep a record of that information. By accepting these terms and conditions you consent to such checks being made.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character. We reserve the right, in our sole discretion, to terminate your access to all or part of the Website at any time and for any or no reason.
Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, suppliers, contractors and agents harmless immediately on demand, from and against any and all liabilities claims, losses, costs and expenses, of any type or nature, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
Third Party Links
The Website may contain links to websites operated by third parties. These links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Website but are not under our control. We are not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms. You should review the policies of a linked site before making a decision to use that site.
Orders
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. We will notify you with 48 hours if your offer has been rejected. Once accepted, the order will be governed by the terms of our Rental Agreement.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution without express prior written consent. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address.
Intellectual Property
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that all content and materials available at the Website other than Your Content shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
Limitation of Liability
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct them as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
Severability
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and all other provisions thereof will remain in full force and effect.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Entire Agreement
These Terms, along with our Privacy Policy, form the entire basis of any agreement reached between you and us for the use of this site.
Law and Jurisdiction
These Terms shall be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Website will be filed only in the state or federal courts located in Utah County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.
International Use
The Website is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Website from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. We make no representation that the Website or its material are appropriate or available for use in locations outside the United States. Accessing the Website from any jurisdiction where access or use is illegal is prohibited.
Copyrights and DCMA Notice
Notice and procedure for making claims of copyright infringement
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Website can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.
To file a DMCA notice, the copyright owner must send in a written letter by regular mail or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. A DMCA notice must include all of the following:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
- Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (username or email address preferred);
- Include the following statement: “I 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”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Be signed; and
- Be sent to our DMCA designated agent at the following address:
Ultimate Fun LLC
Attn: DMCA Agent
629 West 200 South
American Fork, UT 84003
email: info@ultimateinflatables.com
When a clear and valid notice is received pursuant to the guidelines set forth above, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification.
Notices and counter-notices are legal notices distinct from regular Website activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
Our policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
Electronic Communications
When you visit our Website or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Contact Information
Questions concerning these Terms or the Website should be directed to info@ultimateinflatables.com.
