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Terms of Service

Terms And Conditions

  1. Your Acceptance

    1. By using or visiting the WatchSports.com website, or any WatchSports.com products, software, data feeds, and services provided to you on, from, or through the WatchSports.com website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) WatchSports.com's Privacy Policy (the Company's Privacy Policy), and incorporated herein by reference, and (3) WatchSports.com and WatchSports.com's Community Guidelines, also incorporated herein by reference. If you do not agree to any of these terms, the WatchSports.com Privacy Policy, or the Community Guidelines, please do not use the Service.
    2. We will attempt to notify you when any changes are made to these Terms of Service. WatchSports.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

  2. Service

    1. These Terms of Service apply to all Content Creators of the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of WatchSports.com, including but not limited to all products, software and services offered via the WatchSports.com website and apps, such as the WatchSports.com channels, the WatchSports.com “Embeddable Player,” the WatchSports.com “Uploader” and other applications.
    2. The Service may contain links to third party websites that are not owned or controlled by WatchSports.com LLC. WatchSports.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WatchSports.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve WatchSports.com from any and all liability arising from your use of any third-party website.

  3. WatchSports.com Accounts

    1. You may never use another person or company's account without their express permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WatchSports.com immediately of any breach of security or unauthorized use of your account.
    2. Although WatchSports.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WatchSports.com or others due to such unauthorized use of your account.

  4. General Use of the Service—Permissions and Restrictions

    WatchSports.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

    1. You agree not to alter or modify any part of the Service.

    2. You agree not to use the Service for any of the following commercial uses unless you obtain WatchSports.com's prior written approval:

      1. The sale of access to the Service;
      2. The sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    3. Prohibited commercial uses do NOT include:
      1. Uploading original sports related podcasts, documentary videos or any other sports related video content to WatchSports.com, or maintaining an original channel on WatchSports.com, to promote your sports media business or enterprise;
      2. Showing WatchSports.com videos through the Embeddable Player and links on your blog, website or social media accounts;
      3. Any use that WatchSports.com expressly authorizes in writing.
    4. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the WatchSports.com website.
    5. When you use the WatchSports.com Uploader, you agree that it may automatically download and install updates from time to time from WatchSports.com. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.  You agree to receive such updates (and permit WatchSports.com to deliver these to you) as part of your use of the Uploader.
    6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the WatchSports.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, WatchSports.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. WatchSports.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    7. In your use of the Service, you will comply with all applicable local, state and federal laws.
    8. WatchSports.com reserves the right to discontinue any aspect of the Service at any time.

  5. Your Content and Conduct

    1. As a WatchSports.com content creator account holder, you may submit video Content to the Service. You understand that WatchSports.com is a public website, which does not guarantee any confidentiality with respect to any Content you submit.
    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to WatchSports.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to WatchSports.com, you hereby grant WatchSports.com a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service of WatchSports.com's (and Streaming Ultra LLC, the parent company of WatchSports.com), its successors' and affiliate businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, including on all WatchSports.com social media accounts. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that WatchSports.com may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant WatchSports.com all of the license rights granted herein.
    5. You further agree that you will not submit to the Service any Content or other material that is contrary to the WatchSports.com Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    6. WatchSports.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and WatchSports.com expressly disclaims any and all liability in connection with Content. WatchSports.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and WatchSports.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. WatchSports.com reserves the right to remove Content without prior notice.

  6. Account Suspension and Termination Policy

    1. WatchSports.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
    2. WatchSports.com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, physical threats against an individual or set of individuals, encouragement of bullying, violence or illegal activity, pornography, extreme obscenity, or excessive length. WatchSports.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

  7. Revenue Share Policy for Free, Ad Supported Channels "Ad Revenue"

    1. WatchSports.com agrees to share a portion of the ad revenue generated through the Content Creators video content that the Content Creators upload to their own free, ad supported channels providing the Content Creator is eligible.
    2. The revenue that is eligible to be shared includes video ad revenue on your free ad supported account channel (WatchSports.com/channels/yourchannel) that is paid by third party advertisers. You become eligible to receive a share of ad revenue from your channel after your channel has had 5,000 views across all of the videos you have uploaded to your channel.
    3. IF YOU ARE A HIGH SCHOOL ATHLETE LIVING AND PARTICIPATING IN HIGH SCHOOL ATHLETICS IN AN AREA THAT DOES NOT ALLOW HIGH SCHOOL ATHLETES TO PROFIT FROM THEIR “NAME, IMAGE AND LIKENESS”, RULE, YOU WILL NOT BEGIN RECEIVING A SHARE OF THE AD REVENUE FROM YOUR CHANNEL UNTIL YOUR HIGH SCHOOL ELIGIBILITY IS EXHAUSTED, OR YOUR LOCAL HIGH SCHOOL ASSOCIATION CHANGES THE RULES TO ALLOW YOU TO PROFIT FROM YOUR “NAME, IMAGE AND LIKENESS”.
    4. WATCHSPORTS.COM RESERVES THE RIGHT TO PLACE ADS PROMOTING WATCHSPORTS.COM AND WEBSITES OWNED BY IT'S PARENT COMPANY, STREAMING ULTRA LLC, ON YOUR VIDEOS IF THIRD PARTY ADVERTISERS HAVE NOT PURCHASED AD SPACE FOR YOUR VIDEOS.
    5. The Revenue share split is Sixty Percent (60%) of all eligible third party ad revenue to be paid to the Content Creator, with the remaining Forty Percent (40%) for WatchSports.com LLC.

  8. Payment Policy for Free, Ad Supported Channels

    1. The Revenue Share will be paid once monthly, on the 15th of each month for the previous month for all content creator accounts with commissions above $50 USD in that given month. If the 15th day of the month falls on a weekend or a public holiday that US banks are closed, the money will be paid out on the following business day. All accounts with less than $50 in commissions are carried over to the next pay period, until there is $50 or more to be paid out. The Content Creator agrees to provide WatchSports.com LLC a legal W9 document for US Tax reporting purposes.  WatchSports.com will provide monthly reports related to the Revenue share agreement stated in this Section.

  9. Revenue Share Policy for Paid Subscription Channels "Paid Channels"

    1. WatchSports.com agrees to share a portion of the paid subscription revenue generated through the Content Creators video content that the Content Creators upload to their own paid subscription channels providing the Content Creator is eligible to have a paid subscription channel(s).
    2. The revenue that is eligible to be shared for paid subscription channels includes revenue paid for a monthly subscription before any sales tax that are collected on your paid subscription channel(s) (WatchSports.com/channels/yourchannel). The channel creator becomes eligible to receive a share of all paid subscription revenue from your paid subscription channel immediately upon creation. THIS DOES NOT MEAN YOU GET PAID IMMEDIATELY FOR YOUR PAID SUBSCRIPTION REVENUE.
    3. The content creator is responsible for setting the price per month for their subscription channel. Additionally, the content creator acknowledges and agrees to set and make clear to any paid subscribers reasonable expectations as to what the customers who subscribe to their paid channel will receive for being a paid subscriber. The channel creator agrees to do all in their power to meet these expectations that they themselves set for their paid subscription channel. Content creators that do not deliver on these expectations that they set for their customers may be given a warning. Continued failure to deliver on expectations may result in the Content Creators loss of right to have paid subscription channel(s) on WatchSports.com.
    4. IF YOU ARE A HIGH SCHOOL ATHLETE LIVING AND PARTICIPATING IN HIGH SCHOOL ATHLETICS IN AN AREA THAT DOES NOT ALLOW HIGH SCHOOL ATHLETES TO PROFIT FROM THEIR “NAME, IMAGE AND LIKENESS”, RULE, YOU WILL NOT BE ABLE TO HAVE A PAID CHANNEL UNTIL YOUR HIGH SCHOOL ELIGIBILITY IS EXHAUSTED, OR YOUR LOCAL HIGH SCHOOL ASSOCIATION CHANGES THE RULES TO ALLOW YOU TO PROFIT FROM YOUR “NAME, IMAGE AND LIKENESS”.
    5. WATCHSPORTS.COM RESERVES THE RIGHT TO PLACE ADS PROMOTING WATCHSPORTS.COM AND WEBSITES OWNED BY IT'S PARENT COMPANY, STREAMING ULTRA LLC, ON YOUR VIDEOS IF THIRD PARTY ADVERTISERS HAVE NOT PURCHASED AD SPACE FOR YOUR VIDEOS.
    6. The Revenue share split is Eighty Percent (80%) of all eligible paid subscription revenue to be paid to the Content Creator MINUS CREDIT CARD PROCESSING FEES for the transactions, with the remaining Twenty Percent (20%) for WatchSports.com LLC.

  10. Payment Policy to Content Creators for Paid Subscription Channels

    1. The Revenue Share for paid subscriptions will be paid to the Content Creator channel owner once monthly, on the 15th of each month, for the previous month, with subscriptions that have met a thirty (30) business day hold before payments are issued. The Content Creator agrees to provide WatchSports.com LLC a legal W9 document for US Tax reporting purposes.

  11. Policies for Customers of Paid Subscription Channels, Including Payments, Refund and Cancellation

    1. Payment. A valid credit card for payment is required to access paid subscription channels. Your subscriptions to any paid channels you subscribe to will automatically renew each month, unless you cancel before the renewal date. The prices for paid subscription channels vary between channels and are set by the channel content creator, not WatchSports.com. The channel content creators may change the paid subscription price for their channel(s) at any time.
    2. Refunds. WatchSports.com does not offer refunds on paid subscription channels. You agree to pay for any paid subscription that you order. Membership to paid subscription channels is delivered immediately upon payment.
    3. Cancellation. You can cancel your paid subscription at any time, and receive access to the paid channels that you've subscribed to until your subscription time has expired.
    4. Taxes. If WatchSports.com is required to collect or pay any sales tax for your purchase of a paid subscription, the sales taxes will be charged to you at each time of transaction.
    5. Your Rights and Licensing of Paid Content. Your use and access of paid subscription content is for your personal use only, and not for commercial use. You are receiving a non-exclusive right to access the content of paid channels for personal use. You do not have the right to copy or republish content from paid subscription channels to outside media outlets. Doing so is a clear violation of the Terms of this Agreement and will be subject to forfeiture of your account and possible legal action.

    6. Restrictions. As a subscriber of paid content on WatchSports.com, you may not:

      1. Access the content in an illegal manner
      2. Copy, Sell, Rent or Sub License the content to any third party
      3. Share your account password for others to access your paid subscription content
      4. Remove any proprietary notices or labels for the paid content

  12. Digital Millennium Copyright Act

    1. As a copyright owner or an agent thereof, if you believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      You may direct copyright infringement notifications to our DMCA Agent at WatchSports.com LLC, 1338 South Foothill Dr. #165, Salt Lake City, UT 84108, or by email to: info@WatchSports.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

      • Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, WatchSports.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WatchSports.com's sole discretion.

  13. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WATCHSPORTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WATCHSPORTS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WATCHSPORTS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WATCHSPORTS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  14. Limitation of Liability

    IN NO EVENT SHALL WATCHSPORTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT WATCHSPORTS.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Service is controlled and offered by WatchSports.com from its facilities in the United States of America. WatchSports.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with their local laws.

  15. Indemnity

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless WatchSports.com, its parent corporation Streaming Ultra LLC, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

  16. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.

  17. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WatchSports.com without restriction.

  18. General

    You agree that: (i) the Service shall be deemed solely based in the State of Utah in the United States of America; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over WatchSports.com, either specific or general, in jurisdictions other than in the State of Utah. These Terms of Service shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and WatchSports.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah. These Terms of Service, together with the Privacy Notice and any other legal notices published by WatchSports.com on the Service, shall constitute the entire agreement between you and WatchSports.com concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WatchSports.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. WatchSports.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WATCHSPORTS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.