Terms of Use

Ultra Audio Limited (“Ultra”, “we”, “us” or “our”) welcomes you to the Ultra website.

This Terms of Use document (the “Terms”) governs your use of the Ultra website and any software that you download or purchase from us (collectively, “Services”).

By using the Services, you are acknowledging that you have read and have agreed to comply with these Terms, so please read them carefully.

Acceptance of Terms

By using our Services you agree to be bound by these Terms of Use, as well as any additional terms and conditions that we may impose on you from time to time. If you do not agree with these terms, you should not use our Services.

Use of Services

You may only use our Services for lawful purposes and in accordance with these Terms of Use. You may not use our Services:

• In any way that violates any applicable New Zealand 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, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate us, our employees, another user or any other person or entity.

Accounts, Passwords and Security

To use certain features of our Services, you may need to create an account with us. 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. You may not use a third party's account without permission.

You are solely responsible for safeguarding your password and for any activities or actions under your account, whether or not you have authorised such activities or actions. You agree not to disclose your password to any third party. You must immediately notify us 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 these obligations.

User Generated Content

Our Services may allow you to submit, upload, publish or otherwise make available content, including but not limited to text, audio, images, videos, and other materials (collectively, "User Generated Content"). By submitting User Generated Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Generated Content in all formats and distribution channels now known or hereafter devised (including in connection with our Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Generated Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Generated Content, as contemplated under these Terms of Use; and (ii) neither the User Generated Content, nor your submission, uploading, publishing or otherwise making available of such User Generated Content, nor our use of the User Generated Content as permitted herein will 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.

You agree that you will not submit, upload, publish or otherwise make available any User Generated Content that is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offence, violate the rights of any party or that would otherwise give rise to liability or violate any law.

We reserve the right, but not the obligation, to monitor, edit, or remove User Generated Content that we determine in our sole discretion to be of inadequate quality, unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.

You acknowledge and agree that we have no control over, and no duty to take any action regarding, any User Generated Content that you access via our Services, and that you bear all risks associated with your access to and use of any such User Generated Content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Services provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Intellectual Property Rights

Except for User Generated Content, all other content and materials available on or through our Services, including but not limited to text, graphics, logos, icons, images, audio clips, sound files, data compilations and software, are the property of Ultra or our licensors and are protected by New Zealand and international copyright, trademark and other intellectual property laws. You may not copy, distribute, reproduce or use any of our content or materials without our prior written consent.

Disclaimer of Warranties

We do not guarantee that our Services will always be available or error-free, nor do we make any warranties as to the accuracy, completeness or reliability of any information, content or materials provided through our Services. We will not be liable for any damages of any kind arising from the use of our Services.

Limitation of Liability

Under no circumstances shall we be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use our Services, whether based on warranty, contract, tort or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Modifications to Terms of Use

We reserve the right to modify these Terms of Use at any time, without prior notice. By continuing to use our Services after any modifications have been made, you agree to be bound by the updated Terms of Use.

Termination of Access

We may at any time terminate your access to our Services, block any IP address, or remove any of your User Generated Content, without cause or notice and without any liability to you.

Further, we may terminate or suspend your permission to use our Services immediately and without notice upon any violation of these Terms of Use, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of our Services for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for access to the Services (if applicable).

Upon any termination we may delete your account, passwords and User Generated Content, and we may bar you from further use of our Services. You understand that we may also continue to make your User Generated Content available on our Services even if your use of the Services is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account or access to our Services.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these Terms of Use shall be resolved exclusively by the courts of New Zealand.

Contact Information

If you have any questions or concerns about these Terms of Use, please contact us by email at support@ultra.audio or at our mailing address below:

Ultra Audio Limited, Level 1, 80 Adelaide Road, Newtown, Wellington 6021, New Zealand