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unless you choose to opt out , this dispute resolution provision in section 18 shall survive termination of these terms .
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19.1 oculus is based in the united states and our services are subject to us law .
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we make no representations or warranties that the services are appropriate or available for use in other locations .
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19.2 the laws of the state of california , excluding its conflicts of law rules , govern your access to and use of the services .
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your access to and use of the services may also be subject to other local , regional , national or international laws .
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19.3 to the extent that the provisions in section 18 do not apply , you further agree that all disputes , causes of action , claims or controversies arising under these terms that can not be settled through informal negotiation will be resolved exclusively in the united states district court for the northern district of california or a state court located in san mateo county , and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims .
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oculus reserves the right to change , suspend , remove , discontinue or disable access to the services or particular portions thereof , at any time and without notice .
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in no event will oculus be liable for the removal of or disabling of access to any portion or feature of the services .
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we reserve the right to terminate your right to access and use the services if you violate these terms or any other terms or policies referenced herein , or if you otherwise create risk or possible legal exposure for us .
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if any provision of these terms shall be deemed unlawful , void or for any reason unenforceable , then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions .
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you may not assign these terms or any of the rights granted hereunder without the prior written consent of oculus , and any attempted assignment without such consent shall be void .
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subject to the foregoing restriction , these terms will be fully binding upon , inure to the benefit of and enforceable by us and our respective successors and assignees .
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any failure by oculus to insist upon or enforce performance by you of any of the provisions of these terms or to exercise any rights or remedies under these terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision , right or remedy in that or any other instance ; rather , the provision , right or remedy will be and remain in full force and effect .
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if you have any questions or concerns regarding these terms or our services , please contact us through the support portal at https://support.oculus.com .
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special provisions applicable to users outside the united states
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certain specific terms that apply only for german users are available at https://www.oculus.com/legal/terms-applicable-to-germany/ .
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please review these terms carefully if you reside in germany .
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last revised : january 20 , 2016
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we are passionate about creating innovative products and services to empower athletes everywhere , and we are thrilled to have you on our team .
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these terms and conditions of use are the rules of the game -- designed to create a positive , law-abiding community of our athletes .
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by using under armour 's products and services , you are agreeing to all the terms below .
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under armour , inc. and its affiliates and subsidiaries , including mapmyfitness , inc. -lrb- `` mapmyfitness '' -rrb- , myfitnesspal , inc. -lrb- `` myfitnesspal '' -rrb- and endomondo aps -lrb- `` endomondo '' -rrb- -lrb- collectively referred to throughout as `` under armour , '' `` we '' or `` us '' -rrb- , offer a variety of products and services , including the under armour-branded fitness and wellness related websites , applications , devices , hardware , content and other technology products and services ; our e-commerce websites and applications -lrb- `` under armour shopping '' -rrb- ; and all other current and future digital products and service offerings we make available , including any products and services provided in collaboration with our partners -lrb- collectively , the `` services '' -rrb- .
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we are driven to create services that enhance the lives and performance of all athletes everywhere , and that 's why we refer to online and offline community members as `` athletes . ''
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these terms and conditions of use -lrb- `` terms '' -rrb- govern your access to and use of our services .
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please read the terms carefully before using our services , as they are a legally binding contract between you and under armour .
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note that we have included several summaries at the top of each section -- these summaries are not a part of the contract itself , but are intended to emphasize key sections and help you follow the text .
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your access and use of the services -lrb- regardless of whether you create an account with us -rrb- , constitutes your agreement to these terms and our privacy policy , which is incorporated into the terms .
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stated alternatively , if you disagree with any part of the terms , then you are not permitted to use our services .
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further , by accessing and using our services , you understand and agree that your personal data -lrb- as that term is defined in our privacy policy -rrb- and user-generated content -lrb- defined below -rrb- that is shared with a service may also be shared among the entirety of under armour and its other services .
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please feel free to contact us through our support team if you have any questions or suggestions .
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use of the services and your account
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-lrb- a -rrb- who can use the under armour services
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under armour supports and encourages athletes of all ages , but you must be at least 13 to use most of the services , and at least 18 to use under armour shopping and myfitnesspal .
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you must be at least eighteen -lrb- 18 -rrb- years of age to use myfitnesspal , eighteen -lrb- 18 -rrb- years of age to use under armour shopping -lrb- unless otherwise specified in separate policies applicable to certain specific jurisdictions -rrb- and at least thirteen -lrb- 13 -rrb- years of age to use the other services .
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if you are between the ages of 13-18 , you may use the services -lrb- excluding under armour shopping and myfitnesspal -rrb- only with the supervision and consent of a parent or guardian .
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no individual under these age limits may use the services , provide any personal data to under armour , or otherwise submit personal data through the services -lrb- e.g. , a name , address , telephone number , or email address -rrb- .
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you may need to create an under armour account to access the services , and it 's important that the information associated with your account is accurate and up-to-date -lrb- particularly your email address -- if you ever forget your password , a working email address is often the only way for us to verify your identity and help you log back in -rrb- .
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you may need to register for an under armour account in order to access or use certain services .
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your account may automatically provide you access and means to use new services that we create .
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when you create an account for any of our services , you must provide us with accurate and complete information as prompted by the account creation and registration process , and keep that information up to date .
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otherwise , some of our services may not operate correctly , and we may not be able to contact you with important notices .
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if you create an account , you are responsible for maintaining the confidentiality of any and all actions that take place while using your account , and you must notify our support team right away of any actual or suspected loss , theft , or unauthorized use of your account or account password .
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we are not responsible for any loss that results from unauthorized use of your username and password , with or without your knowledge .
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if you forget your password and have an existing under armour account , click on the `` sign in '' or `` log in '' link at the top of the page .
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you will be taken to the sign in page , where you can select `` forgot password '' to create a new password .
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if you are a resident of the european union : you have the right to delete your account with us by contacting our support team .
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if you choose to permanently delete your account , the non-public personal data that we have associated with your account will also be deleted .
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-lrb- c -rrb- service updates , changes and limitations
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our services are constantly evolving to be more useful for our athletes and community .
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with new products , services , and features launching all the time , we need the flexibility to make changes , impose limits , and occasionally suspend or terminate certain offerings .
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we may also update our services , which might not work properly if you do n't install the updates .
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the services change frequently , and their form and functionality may change without prior notice to you .
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we may also impose limits on certain services or restrict your access to part or all of the services without notice or liability .
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we may also from time to time , as we see fit , develop and provide updates for certain services .
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this may include upgrades , modifications , bug fixes , patches and other error corrections and/or new features -lrb- collectively , `` updates '' -rrb- .
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certain portions of our services may not properly operate if you do not install all updates .
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these updates may include updated versions of our applications , which may automatically electronically upgrade the versions used on your device , as well as updates to wearables and other connected products .
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you expressly consent to such automatic updates .
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further , you agree that the terms -lrb- and any additional modifications of the same -rrb- will apply to any and all updates to the services .
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we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality of any service .
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-lrb- d -rrb- service monitoring and suspension
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we reserve the right to refuse service to anyone , and can monitor , terminate or suspend our services or your account at any time .
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we may change , suspend , or discontinue any or all of the services at any time , including the availability of any product , feature , database , or content .
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we may also deactivate , terminate or suspend your account at any time : -lrb- 1 -rrb- if we , in our sole discretion , determine that you are or have been in violation of these terms or the spirit thereof -lrb- as highlighted in our community guidelines -rrb- , -lrb- 2 -rrb- if we , in our sole discretion , determine that you have created risk or possible legal exposure for under armour or any other athlete , -lrb- 3 -rrb- in response to requests by law enforcement or other government agencies , -lrb- 4 -rrb- upon discontinuance or material modification of any services , or -lrb- 5 -rrb- due to unexpected technical issues or problems .
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we will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation , termination or suspension .
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we reserve the right , but have no obligation , to monitor any accounts and/or activities conducted through or in any way related to the services -lrb- including inviting a fellow athlete into a network of friends -rrb- , as well as any athlete 's use of or access to location data -lrb- as that term is defined in our privacy policy -rrb- , personal data , and profiles of other athletes .
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please let us know right away if you believe your account has been hacked or compromised .
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we care about the security of our athletes .
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while we work hard to protect the security of your personal data , user-generated content , and account , we can not guarantee that unauthorized third parties will not be able to defeat our security measures .
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please notify our support team immediately of any actual or suspected breach or unauthorized access or use of your account .
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-lrb- f -rrb- consent to receive communications
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we or other athletes in the community may contact you in connection with your use of the services .
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we have outlined how you can manage some of these settings here .
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after signing up for an account , you may receive periodic email communications regarding the operations of our services .
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you can not opt out of receiving these communications while you continue to use our services .
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you may also receive periodic promotions and other offers or materials that we believe might be of interest to you .
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you can opt out of receiving these promotional messages at any time by following the unsubscribe instructions contained in the message footer , or changing the email preferences in your account .
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by finding and connecting with your friends and other athletes in our community , you may receive electronic communications , including messages from them -lrb- depending on your preferences , you may receive notification of these messages via email , in the website/application , and/or as a push notification -rrb- .
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you can manage the messages you receive from other athletes in our services by changing the preferences in your account .
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for information about how under armour collects , uses , and shares your personal data , please review our privacy policy .
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we take the collection , use and security of the personal data that our athletes provide to us very seriously .
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by using the services you consent to the collection , use , and sharing of such personal data -lrb- as set forth in the privacy policy , including the transfer of this personal data to the united states and/or other countries for storage , processing , and use by under armour .
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-lrb- b -rrb- spreading the word
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we hope you enjoy using our services and encourage you to share your enthusiasm for them with your friends .
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if you elect to use the features in our services to tell a friend about the services , we will ask you to provide your friend 's email address or social media profile , which we may then use to contact your friend about the services .
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we may store the information you provide for a period of time , but we will not post this information publicly .
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you represent that you are authorized to provide any third-party contact information that you provide to us for referrals .
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content is the stuff that shows up on your display when you use our services .
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user-generated content is any content that is created by you or other athletes , and ua content is all other content .
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for purposes of these terms , -lrb- i -rrb- the term `` content '' means any creative expression and includes , without limitation , video , audio , photographs , images , illustrations , animations , logos , tools , text , ideas , communications , replies , `` likes , '' comments , information , data , software , scripts , executable files , graphics , maps , routes , geo-data , workouts and workout data , training plans , sleep activity , annotations , nutrition information , recipes , interactive features , designs , copyrights , trademarks , patents , sounds , applications and any intellectual property therein , any of which may be generated , provided , or otherwise made accessible on or through the services ; -lrb- ii -rrb- the term `` user-generated content '' means any content that an athlete -lrb- that includes you ! -rrb-
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submits , transfers , or otherwise provides to or through the use of the services .
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content includes , without limitation , all user-generated content ; and -lrb- iii -rrb- the term `` ua content '' means all content that is not user-generated content .
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you own the content that you create , and we own the content that we create .
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please do n't post other people 's work without permission .
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all copyright , trademarks , design rights , patents and other intellectual property rights -lrb- registered and unregistered -rrb- in and on the services and ua content belong to under armour and/or its partners or applicable third parties .
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each athlete retains ownership , responsibility for , and/or other applicable rights in the user-generated content that they create , and under armour and/or its partners or third parties retain ownership , responsibility for and/or other applicable rights in all ua content .
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except as expressly provided in the terms , nothing in the terms grants you a right or license to use any ua content , including any content owned or controlled by any of our partners or other third parties .
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you agree that you will respect the intellectual property rights of others , and represent and warrant that you have all of the necessary rights to grant under armour a license -lrb- described further in part -lrb- d -rrb- below -rrb- for all user-generated content you submit in connection with the services .
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-lrb- c -rrb- our license to you
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you are welcome to access and use our content , products and services .
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