Terms and Conditions
for UGC
Legal Information & Notices
Welcome to UGC (Ultimate Gym Champion) ("the Platform," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By creating an account, accessing, or using any part of the Services, you confirm your acceptance of these Terms and agree to be legally bound by them. You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, and are otherwise capable of forming a binding contract with UGC (Ultimate Gym Champion). If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.
3. Account Registration and Security
3.1. To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section.
3.3. You may not share your account or password with any other person. Each user must have their own account.
4. User-Generated Content (UGC)
4.1. The Platform allows you to create, upload, post, share, and store content, including but not limited to stories, characters, scenarios, images, audio, and text ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.
4.2. Ownership of User Content: You retain all ownership rights in your User Content. However, by uploading or publishing User Content on the Platform, you grant UGC (Ultimate Gym Champion) a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and UGC (Ultimate Gym Champion)'s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
4.3. Representations and Warranties Regarding User Content: You represent and warrant that: a. You own or have the necessary licenses, rights, consents, and permissions to use and authorize UGC (Ultimate Gym Champion) to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms.b. Your User Content does not and will not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. c. Your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. d. Your User Content does not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
4.4. Content Standards: You agree not to upload, post, or transmit any User Content that: * Is illegal or promotes illegal activities. * Is sexually explicit, pornographic, or contains nudity (unless otherwise explicitly permitted and clearly labeled as part of a specific feature designed for such content and in compliance with all applicable laws). * Promotes violence, hatred, or discrimination. * Is harassing, bullying, or threatening. * Contains false, misleading, or deceptive information. * Infringes on the intellectual property rights of others. * Violates the
5. Intellectual Property Rights
5.1. Our Content: All content, features, and functionality on the Platform, including but not limited to text, graphics, logos, images, software, and the compilation thereof, are the exclusive property of UGC (Ultimate Gym Champion) or its licensors and are protected by copyright, trademark, and other intellectual property laws.
5.2. Limited License: Subject to your compliance with these Terms, UGC (Ultimate Gym Champion) grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. This license does not permit you to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as generally and expressly permitted through features of the Services.
5.3. Trademarks: The UGC (Ultimate Gym Champion) name, the UGC (Ultimate Gym Champion) logo, and all related names, logos, product and service names, designs, and slogans are trademarks of UGC (Ultimate Gym Champion) or its affiliates or licensors. You must not use such marks without the prior written permission of UGC (Ultimate Gym Champion).
6. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate UGC (Ultimate Gym Champion), a UGC (Ultimate Gym Champion) employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm UGC (Ultimate Gym Champion) or users of the Services or expose them to liability.Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
7. Monetization and Payments (If Applicable)7.1. If the Platform offers features allowing for monetization of User Content (e.g., paid stories, tipping, subscription models), specific terms regarding revenue sharing, payment processing, tax obligations, and withdrawal procedures will be detailed in a separate "Monetization Policy" or "Creator Agreement," which will form an integral part of these Terms.
7.2. You agree to comply with all payment terms, including any applicable fees and taxes, as outlined in the relevant policy.7.3. All payments are processed through third-party payment processors. We are not responsible for any issues or disputes arising from the services of these third-party processors.
8. Disclaimer of WarrantiesTHE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UGC (ULTIMATE GYM CHAMPION) NOR ANY PERSON ASSOCIATED WITH UGC (ULTIMATE GYM CHAMPION) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER UGC (ULTIMATE GYM CHAMPION) NOR ANYONE ASSOCIATED WITH UGC (ULTIMATE GYM CHAMPION) REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
UGC (ULTIMATE GYM CHAMPION) HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
9. Limitation of Liability
IN NO EVENT WILL UGC (ULTIMATE GYM CHAMPION), ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.10. IndemnificationYou agree to defend, indemnify, and hold harmless UGC (Ultimate Gym Champion), its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
11. Governing Law and JurisdictionAll matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of [Your Country/State, e.g., the State of Delaware, USA] without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal or state courts located in [Your City/County, e.g., Wilmington, Delaware], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Arbitration (Optional, consider legal advice for this section)
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying