Effective:
This Intellectual Property and Copyright Policy is in addition to the Privacy Policy and Terms of Use that governing your use of Visualcoaching Pty Ltd’s ABN 32 121 055 570 (“Visualcoaching”) licensed Software (Pro or Client version) or access to or use of the online version of the Visualcoaching Software hosted at Visualcoaching website at www.visualcoaching.com or as otherwise notified by Visualcoaching from time to time, collectively the “Visualcoaching Services”).
This Intellectual Property and Copyright Policy IS A BINDING AGREEMENT between Visualcoaching, you, and the Ultimate Fighting Championship (“UFC”) and in consideration of your access to and/or use of any of the Visualcoaching Services, you agree to be bound by and abide by the terms and conditions set out below.
By using Visualcoaching Services, you are being provided access to information that is confidential, proprietary, trade secret and otherwise protected. This “Intellectual Property” includes, but is not limited to, information regarding your training; training routine; training schedule; nutrition/supplement plan, regime or schedule; results; training statistics; training process; training process; and any other information provided by or made accessible to you by the UFC via Visualcoaching Services regarding your services with or for the UFC.
Except as otherwise expressly provided in this Agreement, as between the parties: (1) UFC has and will retain sole ownership and control over the Intellectual Property including its operation, provision, maintenance, and management of the Intellectual Property; (2) the Intellectual Property may contain content and features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the UFC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Intellectual Property, in whole or in part, including any information that you upload to Visualcoaching Services. Any use of the Intellectual Property other than as specifically authorized herein is strictly prohibited. Nothing in this Intellectual Property and Copyright Policy will function to transfer the Intellectual Property to anyone or any entity outside the UFC and the UFC will retain exclusive interest in and ownership of its Intellectual Property developed before this agreement or developed outside the scope of this agreement. You are granted a limited, unassignable, revocable license to view and use the Intellectual Property in the limited context of your work with and for the UFC.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/pl105-304.pdf).
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. It our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that the any of the Intellectual Property, material or content residing on or accessible through the Visualcoaching Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: privacy@UFC.com .
To the extent applicable, the Intellectual Property or certain contents thereof are Copyright 2019. All rights reserved.
You agree that the UFC, in its sole discretion, we may suspend or terminate your account (or any part thereof) or use of the Visualcoaching Services and remove and discard any content within the Visualcoaching Services, including the Intellectual Property, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Intellectual Property and Copyright Policy or any other applicable policies or terms of use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Visualcoaching Services, may be referred to appropriate law enforcement authorities. The UFC may also in its sole discretion and at any time discontinue providing the Visualcoaching Services, or any part thereof, with or without notice. You agree that any termination of your access to the Visualcoaching Services under any provision of this Intellectual Property and Copyright Policy may be effected without prior notice, and acknowledge and agree that the UFC may immediately cause to deactivate or cause to delete your Visualcoaching account, athlete profile, and/or all related information and files in your account or athlete profile and/or bar any further access to such files or the Visualcoaching Services. Further, you agree that the UFC will not be liable to you or any third party for any termination of your access to the Visualcoaching Services or your athlete profile.
This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Nevada Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
You irrevocably and unconditionally waive any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Intellectual Property and Copyright Policy and the transactions contemplated hereby.
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