Ultimate Kickball

Ultimate Kickball is an adult Kickball league based out of Westchester New York. We are a judgment free zone and just want to have fun! All shapes, sizes, and sex are welcome and encouraged to play. So come meet new people in the Westchester New York area and re-familiarize yourself with a great game!
These Terms of Service ("Terms") govern your access to and use of the services and Ultimate Kickball's websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

The minimum age to use services / features provided by Ultimate Kickball is 18. If you are younger than 18, you are not allowed to use Ultimate Kickball.com, nor will you be allowed to play on a kickball league.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services pending your personal privacy settings, and will not be able to be accessed through third party services and websites.
You may use Ultimate Kickball only if you can form a binding contract with Ultimate Kickball and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Ultimate Kickball will be constantly changing, this can all happen with little or no notice. Also, since this is a free service, if things go wrong on our side we also reserve the right to cancel all accounts and delete the information with little or no prior knowledge.

Privacy

Passwords

Don't be dumb, and don't give your password out to anyone. Ultimate Kickball will NEVER ask you for your password. If you ever think you are the victim of a hacker please let us know.

Personal Information and Notifications

We may use your personal information to send you a welcome email immediately following registration, to send you a periodic newsletter, to contact you to respond to a request or inquiry from you, to communicate with you about your account. Our primary medium for site notifications will be via our blog. Upon initial registration you will be signed up to our general announcement mailing list, if you do not want to be enrolled you can just ignore the announcement confirmation email. The same will go when you sign up for a new league. You will always have the option to opt out of emails.

Ultimate Kickball Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Ultimate Kickball and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Ultimate Kickball name or any of the Ultimate Kickball trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Ultimate Kickball, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ULTIMATE KICKBALL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ULTIMATE KICKBALL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Other Things

You agree not to be a dick, jerk or ass. Do not mess with our server, try to hack our accounts, don't abuse Ultimate Kickball software or hardware or harvest any exploits that may or may not exist. If you notice any bugs, or issues you will report them to us.
We may revise these Terms from time to time, the most current version will always be at http://www.ultimatekickball.com/tos.php Should we feel that the new Terms of service are pertinent to your daily activity, we shall send an email to the address registered with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Ultimate Kickball AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Ultimate Kickball will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Ultimate Kickball has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Ultimate Kickball or through the Services, will create any warranty not expressly made herein.
The failure of Ultimate Kickball to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ultimate Kickball of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Effective: March 1st, 2010
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