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Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to all Ultimate Fighting Championship® web sites, including without limitation, those located at www.ufc.com and www.ufcfightpass.com, and all associated sites linked to www.ufc.com by Zuffa, LLC, its subsidiaries, affiliates and related entities (the "Site"). The Site is the property of Zuffa, LLC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
This Site is the official Site of Zuffa, LLC and is © 2017 Copyright Zuffa LLC. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the Zuffa, LLC is not permitted.
"Ultimate Fighting Championship," "Ultimate Fighting," "UFC," "The Ultimate Fighter," "Submission," "As Real As It Gets", "The Octagon" and the eight-sided cage design are registered trademarks, trademarks, trade dress or service marks owned exclusively by Zuffa, LLC in the United States and other jurisdictions. All other marks referenced herein may be the property of Zuffa, LLC or other respective owners.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Zuffa, LLC ("Zuffa, LLC" or "Zuffa") reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Zuffa server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Zuffa, including any Zuffa account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Zuffa's systems or networks, or any systems or networks connected to the Site or to Zuffa.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Zuffa on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Zuffa or others.
Submission of Unsolicited Materials
Zuffa policy prohibits Zuffa or its employees from accepting or considering any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever ("Unsolicited Materials"). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to Zuffa or anyone affiliated with Zuffa via email, fax, postal mail or any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services and features developed internally by UFC personnel may appear to be similar to Unsolicited Materials submitted to the UFC.
As stated above, we ask that you do not send us Unsolicited Materials. By ignoring our policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data or any other materials, you are giving us permission, in perpetuity, on a no-charge, royalty-free basis to use the Unsolicited Materials in connection with UFC.com or any of Zuffa's advertisements and promotions, and for any other purpose for which Zuffa chooses to use the Unsolicited Materials.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Zuffa's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Zuffa may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Zuffa makes no commitment to update the materials on the Site with respect to such products and services.
Your Acceptance
By using or visiting the www.UFCFIGHTPASS.COM ("UFC®") website or any UFC® products, software, data feeds, and services provided to you on, from, or through the UFC® website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) the UFC® Privacy Notice. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, including this website's Privacy Policy, please discontinue using the website immediately.
By using this website, you agree to be legally bound by all of the terms of this Agreement. UFC® reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice 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.
You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by UFC® may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.
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.
Provided you are eligible to use this site, UFC® hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any Material and/or software contained within this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Material"). You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Material and that no title to the Downloaded Material has been or will be transferred to you from UFC® or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Material.
Availability of Services
The availability of the content on the Services, including the Subscription Products, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.
Access to the Services.
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions here.
In addition, access to certain of the Subscription Products is limited to residents of certain geographical territories, and can be modified at UFC®'s discretion.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. UFC®'s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. UFC® may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and UFC® makes no commitment to update the materials on the Site with respect to such products and services.
Registration, Username, Password, Security.
Registration. In accessing this website or certain of the resources on the website, you may be asked to provide registration details, including but not limited to, a valid e-mail address, date of birth and your full name. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If UFC® believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.
Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. In order to access the Subscription Products, you will be asked to provide your username and password.
Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by email at firstname.lastname@example.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Although UFC® will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UFC® or others due to such unauthorized use.
Your Content and Conduct.
As a Site account holder you may submit Content to the Service, including but not limited to, user comments. You understand that UFC® does not guarantee any confidentiality with respect to any Content you submit and you acknowledge and agree that Zuffa may use and permit third parties to use anything you submit or otherwise provide or make available to Zuffa, including without limitation, information available through any Third Party Platform (e.g., Facebook, Twitter, etc) used to access any Site.
Copyrights and Trademarks.
This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the logos or other images incorporated by UFC® on this website are also protected as registered or unregistered trademarks, trade names and/or service marks ("Trademarks") owned by UFC®. All other trademarks are the property of their respective owners. Use of the Trademarks of UFC® or of any other party is not authorized in any manner other than as incorporated into this website. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
Infringement Notice.
If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the laws of the U.S, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Zuffa, LLC
Attn: Legal Department
P.O. Box 26595
Las Vegas, NV 89126
Facsimile: (702) 221-4703
Please note that while UFC® seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that UFCFIGHTPASS.com is a service provider as defined in 17 U.S.C § 512(c) or elsewhere in the law.
Special Terms and Conditions Applicable to Subscription Products, online Pay Per View, and Other Services/Products Offered for Purchase Through the Site.
We reserve the right to modify the price of any Subscription Product, online Pay Per View, and/or any other services/products offered for purchase through the Site. We are not responsible for any error in copy or images relating to any Subscription Product or any other services/ products offered for purchase through the Site.
In order to purchase a Subscription Product, online Pay Per View, or other services/products offered for purchase through the Site, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address. Our Privacy Policy explains how such information collected via the Site may be used by us. Your ability to purchase Subscription Products and/or other services/products offered for purchase through the Site is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the Subscription Products or any other services/products offered for purchase through the Site, you authorize us to charge such card on a periodic basis as specified in the amount described on the applicable Subscription Product or other services/products purchase path(s).
Pay Per View events purchase includes viewing for 24 hours from the event start. If purchased as a rental after the event, includes viewing of 24 hours from purchase.
Billing and Automatic Renewal Policies for Certain Subscription Services or Monthly Subscriptions, the term begins when you purchase and ends at the product's pre-determined cycle. To cancel your monthly subscription or the annual automatic renewal feature, send an e-mail to email@example.com cancellation will become effective as of the next monthly billing cycle following receipt.
The UFC® reserves the right to block access to any online event to any regions or territories at the UFC®'s discretion and for any reason. Blackout restrictions may apply.
Under this agreement, the payment processing services for the Service will be provided by NeuLion Limited, on behalf of UFC®, depending on the type of payment methods used for the purchase of the Services.
We have contracted with NeuLion, Inc. to provide services that provide You (the subscriber who pays a fee) with the ability to access and view our content. The payment processing relating to the ability to view the content for those subscribers in Europe will be provided by NeuLion, Limited. (NeuLion, Limited and NeuLion, Inc. are collectively referred to herein as "NeuLion".) NeuLion's Terms of Use and Privacy Policy are available at www.neulion.com. Payment for the ability to view our content is made to NeuLion, on our behalf, based upon the subscription plan that you sign up for. The subscription fee will be processed through NeuLion and will be processed in a secure manner by a third party payment services provider retained by NeuLion. Questions concerning payment processing for subscribers in Europe can be addressed via live chat, email at firstname.lastname@example.com or NeuLion, Limited, located at 69 Wilson Street, 2nd Floor, London EC2A 2BB, United Kingdom or NeuLion, Inc., located at 1600 Old Country Road, Plainview, NY 11803.
Online Pay Per View is for residential use only.
Commercial locations in the United States are required to license the Pay Per View from our commercial distributor Joe Hand Promotions, Inc., 407 E. Pennsylvania Blvd., Feasterville, PA 19053. Commercial locations in English Canada are required to license the Pay Per View from our commercial distributor Premium Sports Broadcasting, Inc., 650 Columbia Street New Westminster, BC V3M 1A9. Commercial locations in Australia are required to license the Pay Per View from our commercial distributor FOXTEL. Commercial locations in New Zealand are required to license the Pay Per View from our commercial distributor SKY.
In order to provide the highest customer satisfaction possible, we will refund the purchase price paid for any Subscription Product, as follows:
If you have purchased anything other than a Pay-Per-View Product and:
- With the exception of purchases made between February 28th, 2016, through March 2, 2016, if your access to such Subscription Product is cancelled by you within five (5) days of the purchase date, we will make a reasonable effort to refund to the credit card you used to subscribe to such Subscription Product an amount equal to the total amount you paid for access to the Subscription Products in the current term of your subscription less the amount of a Weekly Pass for such Subscription Product. If your access to such Subscription Product is cancelled by you after five (5) days of the purchase date, you will not be eligible for a refund.
- Your access to the Subscription Product is cancelled by us at any time, we will make a reasonable effort to refund to the credit card you used to subscribe to such Subscription Product a prorated amount equal to the total amount you paid for access to the Subscription Product in the current term of your subscription times the fraction of the term of your subscription that remains on the date of termination, except if we allege that you have violated the Terms of Use, in which case you will not be eligible for a refund.
- If you have purchased a Subscription to any Subscription Product you will not be entitled to any refund if your access to the Subscription Product is terminated.
- If we are unable to post a refund to your credit card, including because your credit card account is closed or otherwise unavailable when we attempt to post the refund, or if we allege that you have violated the Terms of Use, you agree that you will forfeit the amount due to you (if any) under this paragraph. Please note that we may not be able to post refunds for subscriptions that are paid for through the use of "single use" credit card numbers or similar "disposable" payment methods. We recommend that you do not use these payment methods to pay for your subscription to the Services; if you choose to use them despite our recommendation, you do so at the risk that we may not be able to provide you with a refund under this paragraph.
- Our reasonable effort to provide you with a refund, as described above, will be your exclusive remedy if you or we terminate your access to the Services, including in the event that you claim we breached our obligations to you.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or the Subscription Products by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the informational page(s) of the Site. It is your responsibility to notify us of any change in your e-mail address by logging in to the Site and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
Deactivation/termination of your registration
You may deactivate your registration on the website, at any time and for any reason, by sending an email request to firstname.lastname@example.com. We may terminate your use of and registration on the website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
Account Termination Policy
UFC® will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be in violation of the Terms of Use, at any time, without prior notice and in its sole discretion.
General Use of the Service – Permission and Restrictions.
UFC® hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without UFC®'s prior written authorization.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means UFC® may designate.
- 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 UFC® 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. UFC® 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.
- In your use of the Service, you will comply with all applicable laws.
- UFC® reserves the right to discontinue any aspect of the Service at any time.
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limited the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Warranty Disclaimer.
You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, UFC®, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. UFC® makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) 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. UFC® 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 UFC® 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.
Limitation of Liability.
In no event shall UFC®, 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) errors, mistakes, or inaccuracies of content, (ii) 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 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 UFC® 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 UFC® from its facilities in the United States of America. UFC® 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 local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless UFC®, its parent corporation, 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; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service, (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. UFC® 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 UFC® 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.
Submissions and Postings.
UFC® does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, merchandise, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by UFC® staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send UFC® any unsolicited submissions.
To the extent that use of the website provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that UFC® does not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect the views of UFC®. To the fullest extent permitted by applicable laws, UFC® excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the website or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.
In any event, no material you send to us will be treated as confidential and may be used by Zuffa and third parties for any and all purposes.
UFC® shall have the right, but not the obligation, to monitor any Postings or other material on UFCFIGHTPASS.com. UFC® shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to UFCFIGHTPASS.com. Without limiting the foregoing, UFC® shall have the right to remove any material that UFC®, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UFC® without restriction.
Applicable Law and Jurisdictional Matters.
You agree that: (i) the Service shall be deemed solely based in Nevada; and (ii) These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and UFC® that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Clark County, Nevada. The parties all consent to the jurisdiction of such courts agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. These Terms of Service, together with the Privacy Noticeat and any other legal notices published by UFCFIGHTPASS.com on the Service, shall constitute the entire agreement between you and UFC® 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 UFC®'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. UFC® 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.


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Web animation is a great tool for improving the user experience (UX). You can use motion to explain difficult concepts and make them easier to understand. Animations also enable you to add user interface (UI) interactions to a site or app, which significantly increase engagement and ensure customers not only stick around for longer, but are also more likely to return to your clients' websites.
Web animation is therefore playing an increasingly important role in modern web and app development. However, delivering work that is not only pleasing to the eye and functional, while also informative, representative, and clear can be tricky to get just right.
For this article, we invited six web animation experts to share their top tips on adding motion to user interfaces. We'll cover UX principles and best practices, CSS animation techniques, advice on creating more inclusive web animations, and more. As you can't really talk about web animation without showing any examples, we've also included plenty of demos to help inspire you.
Let's get started!
1. Use details to create delight
Award-winning animator, illustrator, and interactive designer Chris Gannon points out that one of the central tenets of animation (and indeed any creative discipline) is the attention to detail. He calls it the rich, golden seam that weaves its way through everything we do.
Details are the currency of authenticity
Gannon highlights the importance of the little details in your UI interactions by quoting a rather disheartening rule: "If the audience notices your work, you haven't done your job properly." It measures success on what the audience senses rather than what they see.
"If the audience notices your work, you haven't done your job properly."
"I'm talking about a barely perceptible shimmer, a subtle interaction between two elements (honoring the laws of physics). A shadow, a reflection," he explains. "These details are designed to work in harmony together. Their combination enhances the result and resonates with the viewer on a more subconscious level, promoting a sense of authenticity. Get one wrong, though, and the illusion is shattered."
See the Pen SPECIMEN by Chris Gannon (@chrisgannon) on CodePen.
Details are the gateway to nuance
Gannon advises that details can also play many different roles in storytelling.
"Walt Disney once said, 'There is no magic in magic, it's all in the details.' I interpret this to mean that details can play a vital role in delivering nuance to a story. They can be hidden gems that reveal a secret or subtle conduits that convey a sense of care and craftsmanship. They can create a frisson of delight, or unearth a common interest amongst observant viewers; there's really almost no limit to the power or function of the humble detail."
There is no magic in magic, it's all in the details.
However small the details, Gannon points out that they can pay big dividends in the authenticity and depth of our work, so it's our responsibility to strive for that authenticity in everything we make.
You might also like: How to Meet the New Accessibility Requirements of the Shopify Theme Store.
2. Reward people for visiting a site and making a purchase
For front end developer Eli Fitch, animation is one of the most powerful tools at our disposal for managing a user's emotional response. He cautions that these principles of animation are so powerful in fact that they are maliciously used in applications like gaming loot boxes and virtual slot machines to get people to spend more money.
"In the right hands, however, animation can give people a warm, pleasant feeling, making them feel more welcome or happy to use your [client's] app or website," Fitch advises.
"By using a moderate amount of anticipation, followthrough, and even some squash/stretch if your [client's] brand is on the playful side, you can evoke these feelings."
Here are two animations Fitch designed for a prototype game day beer ordering app that used playful animations to reward users:
You might also like: 30 Developer Resources to Diversify Your Skill Set.
3. Consider using scrollytelling animations
We've already learned that animation is a useful storytelling tool. One specific technique, as suggested by Lisi Linhart, a technical team lead at Storyblok, is called "scrollytelling."
"The main application of scrollytelling animations has been in data visualization, but they can also be beneficial in ecommerce websites," she explains. "They help tell a product's story more engagingly. The customer is guided through the experience of exploring a brand by slowly revealing the information. Often they can even control the animations by how fast or slow they scroll. This makes any site more interesting and catches a lot of attention."
By giving some control over the interaction to the user, the process of scrolling through informative content becomes more playful. The technique also enables you, the developer, to control what is revealed when.
To help build scrollytelling interactions, Linhart recommends the new GSAP ScrollTrigger Plugin, which in the demo below animates a 3D object of a plane and slowly teaches the users about planes by letting them control the experience through scrolling.
See the Pen Airplanes. by Steve Gardner (@ste-vg) on CodePen.
4. Incorporate expanding information animations
Ecommerce sites often want to present as much information as possible to potential customers to convince them to buy a product. However, Linhart warns that this can lead to information overload and result in customers leaving the site without making a purchase.
"Let's take a look at two examples of displaying products: one is on Etsy, the other one is a Shopify Store," she says. "Which page makes you more focused on the product? Of course, Etsy has a different goal with millions of products, but this way of overloading information is very common in ecommerce sites."
Linhart recommends expanding information animations as a technique if you want to provide full animations but also don't want to overload the customer's senses.
See the Pen Expand Information by Lisi (@lisilinhart) on CodePen.
In the example above, the opening times are only displayed once the customer clicks on the clock icon. Instead of always having them visible, which would add a lot of visual clutter, they're shown when the user actually wants to see them.
"This can be applied to any information and is often useful if you have some extra information to show, but don't want to render a completely new page," Linhart explains. By using an animation to reveal new information, we can draw the user's attention to it.
"By using an animation to reveal new information, we can draw the user's attention to it."
5. Draw attention to content with one-direction animations
Front end web developer Donovan Hutchinson, who runs cssanimation.rocks, has found that when people think of animating between two states they often intend to animate one away, and then animate the second item into place. This means creating two animations, an "out" animation and an "in'' animation.
Hutchinson, however, suggests choosing to only animate the "in" portion of a transition as animation is most useful when applied minimally.
"It's a simple trick that makes navigating pages with animations quicker," he points out. "It also makes it easier to draw attention to content changing."
On ShopIreland.ie, for example, Hutchinson often fades in a new page of content, but doesn't insist on fading out the old page. The result is snappier, and people don't have to wait for the new content to begin showing.
Here's a one-directional snappy cart animation from ShopIreland.ie:
See the Pen One-directional snappy cart animation from ShopIreland.ie by Donovan Hutchinson (@donovanh) on CodePen.
6. Use CSS custom timing functions
Another animation technique—CSS timing functions—lets us control the rate at which things slow down or speed up through the course of an animation or transition. There are built-in timing functions such as "ease-in," which starts slowly and then speeds up, or "ease-out," which starts fast and slows down toward the end.
While these are useful, Hutchinson tends to avoid them unless he can use them for something simple like a fade-in transition. For anything more important, he creates a custom timing function.
"Custom timing functions are a series of four numbers that describe two points on a graph," Hutchinson explains. "These points are used to generate a curve that shapes an animation's progression through time. With them, we can go much further than the default functions. We can have animations with much sharper changes in speed, starting or ending more quickly, or even overshooting and bouncing back."
For example, Hutchinson uses this fast ease-in function when he wants something to arrive sharply but then gracefully glide to a stop:
Similarly, if you want something to seem to "bounce" into place, Hutchinson recommends this function:
Even when animations take the same length of time, a different timing function can really change how it feels. To get started, Hutchinson recommends cubic-bezier.com. Drag the handles to make a curve that describes the kind of animation you want to create.
Try tweaking this transition and see how the properties affect the variables:
See the Pen Exercise: Timing functions by Donovan Hutchinson (@donovanh) on CodePen.
You might also like: Using Animation to Improve Mobile App User Experience.
7. Try using CSS custom properties for staggered web animations
If you want to create staggered animations on groups of elements, front end developer Michelle Barker, author of the CSS {In Real Life} blog, recommends CSS custom properties.
"By setting a custom property equivalent to the element's index, we can use calc()
to calculate a variable for the animation-delay
value, and have our elements animate sequentially," she explains. "We can even set the custom properties in the HTML itself, within a loop (if we're using a templating language). That way, it'll work with dynamic content."
Here's a simple example:
See the Pen Staggered animation with custom properties by Michelle Barker (@michellebarker) on CodePen.
This technique can even work with text, but Barker advises to add an accessible alternative, as some screen readers will announce each letter instead of the whole word when letters are wrapped in individual elements.
If you want more control over your staggered animations, Barker recommends the library Splitting.js, which assigns each element in the group a custom property as above, plus another custom property for the total number of items.
8. Use the CSS Motion Path module
Barker is also a big fan of the CSS Motion Path module (check out the browser compatibility table), which enables you to position and animate elements along a custom path.
It requires two crucial properties: offset-path
to define the path, and offset-distance
to position an element a set distance from the start of the path. The offset-path
property takes a value similar to an SVG path's d
"It's really exciting to have this in CSS, when it would previously have been the domain of JavaScript libraries," Barker points out. "The offset-distance
value can be animated using transitions or CSS keyframe animations, which allows for some very cool effects, enabling our elements to dance across the screen."
Combined with custom properties, we can work even more magic—such as animating a string of text along a path, as demonstrated in Barker's fun Typo-coaster experiment below:
See the Pen Typo-coaster by Michelle Barker (@michellebarker) on CodePen.
You might also like: Using CSS Animations to Guide a Better Ecommerce Experience.
9. Build inclusive and accessible CSS animations
As we have seen, animations can be very powerful: they attract user attention, help people understand how the interface is working, and more. But, it's important to proceed with caution when using animations, advises UX researcher and product designer Stéphanie Walter.
"It's important to proceed with caution when using animations."
"Some people suffer from vestibular disorders or might be prone to seizures," she explains. "For those people, your animations become an accessibility issue. At best, they can make them feel uncomfortable. At worst, they can also trigger motion sickness, nausea, and render your website unusable for some users."
The level of sickness and what triggers it differs from person to person. Check out "Your Interactive Makes Me Sick" for a first-person account of why animations can cause problems, and what to do about it.
There's also a list on Apple's WebKit blog about "Responsive Design for Motion" that describes some of the triggering motion. In 2013, Apple introduced a system parameter called "reduce motions." This lets iOS users turn down the motion animations in iPhones and also on MacOS. Other operating systems followed.
Today, we can use the prefers-reduced-motion
media query to adapt the motion.
"This doesn't mean that you need to remove all the motion," Walter explains. "But you can adapt your animations to be less triggering for users who choose this parameter."
See the Pen Day and Night: CSS Transitions and animations explained by Stéphanie Walter (@stephaniewalter) on CodePen.
In Walter's demo above (which explains CSS transitions and animations), the moon and sun move a lot, as do the shooting stars in the background. Both animations can be non-inclusive.
But if users have prefers-reduced-motion
set to reduce
, it's possible to change the moon and sun motion to a fade-in/out.
To further reduce the potentially problematic motion effects, Walter also disabled the shooting stars and made the solar system motion super slow.
10. Follow animation guidelines and design systems
Animations are now part of brand identity and guidelines, too. Just like colors, voice, shadows, illustrations, and animations convey a specific message and meaning.
For example, Walter points out that bouncy, funny animations would work for a game like Dots or a website for children, but they might feel off brand for an insurance company.
The documentation of animations is therefore increasingly being included in design systems. Google was one of the first companies to do this when they featured a whole section dedicated to "Understanding motion" in its "Material Design" system.
Walter recommends to document the following in your design system:
- The purpose of animations: When and why to animate (Firefox has some interesting "motion principles," for example)
- The different types of animations: What to animate (loaders, transitions, interactions, etc.)
- Timing and easing: If you want to maintain consistency in your design system, all animations need to have the same kind of timing and easing
Also consider adding visual examples of best practices (as you would for the use of a logo), so everyone is on the same page and knows what to do, but maybe also what not to do with animations.
For an example, Walter suggests checking out the Motion and Animation section in Foyer's design system. It documents the duration, some keyframed animations, what type of easing and timing functions should be used, and more.
Gain a competitive advantage with web animation
In this article, we learned how powerful a tool web animation can be. As animations can increase engagement and trigger emotional responses, it's important to follow best practices and not use them for malicious manipulation.
Also, be aware of accessibility and inclusive design considerations, because web animations can be harmful to users with motion sensitivities. Finally, for bigger projects, document the use of web animations, create motion guidelines, and integrate them in design systems. It'll save you time and ensure your client's brand uses animation consistently, effectively, and responsibly.
Web animation can give your client's (or your own) customers a competitive advantage. Keep your animations short, simple, and meaningful, and you'll be well on your way to enhancing the user experience with motion.

subset: commoncrawl


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CyberComply is a unique online service that enables companies to apply for Cyber Essentials certification following a convenient 'do it yourself' approach.
CyberComply is ideal for organisations of any size looking to achieve CREST-accredited Cyber Essentials certification.
Nicely designed, simple to use portal - Russ Smith, EOL IT Services
Customers who purchase a Cyber Essentials (CE) or Cyber Essentials Plus (CE+) certification application from IT Governance will be directed to the CyberComply secure portal, where they will be able to:
Receive guidance on completing the scope
Define the scope for certification
Complete and submit the mandatory Cyber Essentials self-assessment questionnaire
Schedule external scans on the in-scope IP addresses
Provide information about your organisation
Purchase additional scans, if needed
Receive feedback on the results of the scans and self-assessment questionnaire
Apply for Cyber Essentials certification
Schedule an on-site assessment
Provide details of your Internet-facing devices
Receive feedback regarding your assessment
Apply for Cyber Essentials Plus certification
The portal also provides detailed guidance on completing the questionnaire and defining the scope.
CyberComply lets you take action on remedial activities required in the five sections of Cyber Essentials before finalising the questionnaire and submitting the application to IT Governance.
The basic package includes 16 vulnerability scans, which can be used to test different Internet-facing IP addresses, or to re-scan addresses where changes to the infrastructure were required.
Once the questionnaire has been finalised and the scans have been successful, the application can be submitted to IT Governance for final review.
Upon receiving a successful assessment by certification body IT Governance, the applicant will receive a Cyber Essentials certificate, testifying that the organisation meets the requirements of Cyber Essentials as outlined by CES accreditation body CREST.
CyberComply is a convenient solution to achieving Cyber Essentials or Cyber Essentials Plus certification, helping you save time and money.
Purchase this product now and get started today.
Cyber Essentials
Cyber Essentials Plus
Companies seeking further assistance can use the Live Online service offered by IT Governance, which can be purchased via the CyberComply portal.


text:
Advanced Search
Innovator | Feature
Tim Clark, the coordinator of instructional technology for Forsyth County Schools (GA), is our Innovator of the month. Here, he explains how his district makes BYOT work for students, teachers, and the community.
Breaking Down Classroom Walls I was implementing [bring your own technology] back when I was a middle school teacher; I just didn't know it was called that. In those days there weren't a lot of devices, but a lot of the kids would bring in their own laptops. After I became an elementary school-based technology specialist within this district in 2007, we were part of a pilot program and I saw that BYOT enabled our students to extend what they were learning beyond the walls of their classroom. Parents were telling me their kids were choosing to learn when they were riding in the backseat of the car or waiting for their piano lessons to start. When you keep the school and personal devices separate, kids teach themselves to use their technology instead of having those lessons nurtured by a teacher, and they see it as something other than a tool you can also learn with. We're helping to show them new ways to use the technology tools they own. We have our teachers refer to the students' technology as mobile learning devices, to remind them that, wherever they are, the learning can continue.
Content Creators BYOT is a way for students to personalize their learning experience. They're already used to their own device, its applications and its usability. Instead of just consuming content, they're able to produce content in new ways. We're trying to put that responsibility on students — so that it's not just everyone using the same app to create a similar project, but students are given a learning standard or topic and then have to find their own ways. They create something new that shows what they know, then they develop their own way of sharing or presenting that information to others.
All Aboard Originally, we had a little pushback from parents who needed to see that the students were going to be learning with their technology rather than just playing games in class. Parents are more used to handing their children technology tools to keep them busy in the restaurant. If they haven't seen children learning with those tools, they don't know what that would look like. In the BYOT classroom, it's actually a very dynamic environment with lots of collaboration and interaction. I like to think of it more as a web startup company, with lots of different kinds of devices and lots of different ideas.
Back in Business The No. 1 question we get from everyone is, "What about kids who don't have devices?" We do have school technology tools, of course. But it's not so much the device that kids are bringing to school that's the equity issue, it's the access in their home environments. So we've come up with free WiFi zones. We identify businesses in the community that have volunteered to welcome students and their parents to come in and use their business WiFi. It's not just the ones you would normally think of, but even a realtor's office that has an empty conference room through much of the day, or the dentist's office, or the gym that has a waiting area. Businesses submit an application to our website, we vet them, and then they receive a sticker that shows they are a free WiFi zone and will welcome students to come in to their space to learn and work together.
Spreading the Word We have people from across the United States wanting to come in to learn and see how BYOT can be utilized in the classroom. We had so many requests that we consolidated them into four one-day tours at an elementary, middle and high school, and we constantly have to close registration because we have up to 150 people at a time coming through to tour our schools. Because of all of the interest, I also started co-moderating a weekly Twitter chat, called BYOT Chat (#byotchat), and that has really taken off. We have our own teachers participating, and we've even had students participating, using Twitter to connect with people around the world on the subject of BYOT. You realize it is a global phenomenon — the understanding that people have their own devices in their pocket and they want to use them for learning.
About the Author
Dan Gordon is a freelance writer based in Agoura Hills, CA.
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Bank Indonesia Revises Down GDP Growth, Interest Rate Kept at 5.75%
The central bank of Indonesia (Bank Indonesia, or BI) kept its benchmark interest rate at 5.75 percent and its overnight deposit facility rate (FASBI) at four percent as the country's core inflation figure is still within the target range of the central bank (3.5-5.5 percent). Core inflation currently stands at 4.12 percent (YoY). However, as the price of subsidized fuel is expected to rise in June, inflation may increase and could trigger a policy response by Bank Indonesia later this year.


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Tenera Autoteenindus / Nahaproff
Autode remont ja kiirhooldus. Lisavarustuse paigaldus autodele. Nahksalongide parandus ja hooldus.
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Naha taastamine Tallinnas
Naha värvimine
Nahaproff teenused
Turundus internetis


text:
"I would love this album, as a DJ it just makes my job easier."
– Mark Jackson (VNV Nation)
After releasing the track "The Protagonist" as a one-off compilation entry on the Advanced Electronics Vol. 3, Faderhead received a lot of record company attention and finally signed with Accession Records/Indigo to release his debut album FH1 in 2006. Rave reviews and the inofficial "newcomer of the year" title made FH1 an instant debut-success with standout tracks like "The Protagonist", "Vanish" and "O/H Scavenger". The year progressed and saw Faderhead play shows alongside bands like Combichrist, Diary Of Dreams, [:SITD:], Painbastard and others, winning over the audience again and again.
2007 saw the release of the extremely popular FH2 CD which featured the massive club hit "Dirtygrrrls/Dirtybois", a song that still fills dancefloors 2 years later. Faderhead released a music video for the track "Girly Show" and played festivals like WGT (Germany) and Infest (UK) among other shows.
2008 started with the departure from Accession Records and the signing to L-Tracks Recordings. This decision led to serious speculation regarding the future of Faderhead by press and fans, but the free song/video release of the hauntingly beautiful pianoballad "Exit Ghost" firmly silenced all sceptics. Only a few months later the powerful club-anthem "TZDV" was released alongside a very popular video and conquered dancefloors from Moscow to Mexico City. This put an end to any doubts that may have persisted about the direction of Faderhead and established the German producer as one of the top names in the genre at merely 25 years of age. On October 10th, the highly-anticipated FH3 album was released and again gathered top reviews from media and fans alike - FH3's darker mood and more aggressive tones showing once again an evolution from the previous recordings.
2009 brought the release of Horizon Born, a 5-song EP that featured only ballads. The title track was remixed by Faderhead and turned into a veritable futurepop anthem, which garnered a lot of club play worldwide.
2010 saw the release of Trilogy. Since FH1, FH2 and FH3 had been sold out and were not reprinted, Faderhead decided to compile the most popular 18 tracks from those releases onto one CD. Trilogy has become a favorite among new Faderhead fans because it represents the first 3 years on one CD.
In October 2010 the 4th full-length album Black Friday was released. The concept album that told the story of a night-gone-wrong. Was accompanied by a 15-minute shortmovie and quickly garnered reviews as Faderhead's most mature album. Songs like "Destroy Improve Rebuild", "Pussy Rules" and "The Way To Fuck God" became massive club hits and Faderhead's European club tour became a success.
2011 began with a 15-show tour in the USA with Aesthetic Perfection and Everything Goes Cold and ended with a download-only EP release called The Way To Fuck Clubs, which showcased remixes of "The Way To Fuck God" as well as an acoustic version of "Hot Bath And A Cold Razor" and "The Moth And The Fire". The Shaolyn remix of "The Way To Fuck God" has become a favorite among hard dance DJs all over the world.
2012 turned out to be Faderhead's most successful year yet: the 5th album The World Of Faderhead was released alongside 3 impressive 360° panoramic images and 3 music videos. The video to "Fistful Of Fuck You" became a scene hit due to its original style and content. Faderhead headlined a 14-show US tour and played all over Europe including a highly acclaimed set at the completely packed M'Era Luna hangar stage. The European pressing of The World Of Faderhead was already almost sold out before the end of the year and Faderhead reached the no. 7 spot of MusicNonStop's best-selling releases of 2012 in the UK, tying And One and coming in ahead of legacy-acts like Fields Of The Nephilim, De/Vision, Suicide Commando and Hocico.
In 2013 Faderhead's electronic music assault is in full swing. One EP, six highly acclaimed albums and two compilations in 6 years - as well as 4 massive worldwide clubhits with "Dirtygrrrls/Dirtybois", "TZDV", "Destroy Improve Rebuild" and "Fistful Of Fuck You" - have moved the project from Hamburg/Germany into the limelight of the harder electro scene. From stompy techno to synthpop to dirty groove-laden electro: Faderhead mashes it all up like no one else which is evident by the release FH4.
In 2014 Faderhead bring their stompy madness to the fields of Bougton where all those at Alt-Fest can join in the fun!
Official site


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Yesterday, Charlie started complaining that his left ear was hurting. Because his complaint came about 10 minutes before it was time to walk out the door for school, I smelled a rat -- or at least a faker. I gave him a dose of ibuprofen and sent him on his way.
No word from the school nurse yesterday. No complaints after school. He played without hesitation in his basketball game last night. (We won! On to the semi-finals!) He didn't say another thing about his ear and I forgot about it.
Until 3:30am. When else do those things flair up? I was asleep on the couch, so I didn't hear him calling for me at first. But eventually he got my attention and was obviously feeling the pain. I gave him some ibuprofen, pulled out the heating pad, and laid down next to him. 30 minutes or so later, he was still crying out, so I gave him some cold medicine to clear out any congestion in his head. Good idea, Mom.
Except that 20 minutes after that, he was crying that his stomach was hurting. Probably from all that medicine on an empty stomach. Ugh. I sent him to the bathroom. Rubbed his back when he returned, and headed for my own bed after he finally fell asleep.
(If you're still waiting for the part where Facebook saves the day, stay with me. I'm getting there.)
I try not to run my kids to the doctor for every little thing. But I have a rule for ear pain, coughs, etc. : If it interrupts MY sleep, off to the doc we go.
We've been down the ear infection road plenty of times before, so I was pretty sure that's what it was. So this morning, before I even got out of bed, I called the pediatrician's office and made arrangements to bring Charlie in to the drop-in clinic. I told them we could be there in 20 minutes, which was a little short-sided, given that I wasn't even dressed and we live 15 minutes away from the office.
Charlie and I were ready to go when I realized that Mike had gone to work in the car where I had left my keys last night. No problem. He works about 5 minutes from home. I called his cell phone to ask him to run the keys home.
Ring! Riiinnng! Riiiiiiiinnnnng! His cell phone was sitting on the charger in the kitchen. (It really doesn't "ring," but I can't remember what his ringtone is right now. Probably some Star Trekkian sound.)
Crap. I called him at work, marginally optimistic that I would get through the after hours answering machine. No luck.
Now what? The doctor's office hours on Saturday aren't very long and I really wanted to avoid a more costly trip to the urgent care.
Enter e-mail, Facebook and Twitter.
I knew that Mike would likely see a message there on his computer at work. So I sent three messages:
E-mail: NEED KEYS. Mike, I need the keys to take Charlie to the doctor. Hope you see this.
On his Facebook wall: You have my keys. I need to take Charlie to the doctor. Please call/come home.
To his Twitter account: CALL HOME. YOU HAVE MY KEYS.
Sure enough, about 5 minutes later, he called and said, yes, he had my keys and would come home. However, I must not have conveyed that I was in a hurry because 15 or 20 minutes went by and he still wasn't home. So back to the technology I went.
Facebook: Almost home? (I was trying not to seem naggy.)
Twitter: REALLY need to GO! (Obviously a little more impatient.)
Within a few minutes, he was home. Charlie and I were off to the doctor where she had to dig a bunch of wax out of his ear before she confirmed that Dr. Mom was right -- ear infection.
So thanks to Al Gore, Mark Zuckerberg and anyone else who had something to do with the invention of the internet, Facebook and Twitter, Charlie should be feeling better soon and I hope to get some sleep tonight.
Saturday, January 29, 2011
2 comments:
- CWMartin said...
Thankfully nothing more serious.
- January 29, 2011 at 6:26 PM
- Micah and Emily said...
This is hilarious! Yes, what did we ever do without social media and cells phones?
E - January 29, 2011 at 10:40 PM
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text:
Jim Lane
The first zero-cost feedstock biofuels company comes to the public markets with its IPO.
Like to see how this "Back the the Futuresque" technology unlocks value by converting household garbage into transportation fuel?
Here's our 10-minute version of the IPO from Fulcrum Bioenergy.
In California, Fulcrum Bioenergy has filed an S-1 registration statement for a proposed $115 million initial public offering. The number of shares to be offered and the price range for the offering have not yet been determined. The company proposes to list under the symbol FLCM. UBS Investment Bank is the underwriter for the offering.
The company is currently ranked #45 in the world in the 50 Hottest Companies in Bioenergy. The rankings recognize innovation and achievement in fuels and are based on votes from a panel of invited international selectors, and votes from Digest subscribers.
Fulcrum becomes the 12th company to file for an IPO in the industrial biotech boom, which began with a successful listing on the NASDAQ by Codexis (CDXS) in 2010. IPOs by Amyris (AMRS), Gevo (GEVO), Solazyme (SZYM), and KiOR (KIOR) have followed. In recent months, PetroAlgae (PALG.OB), Myriant, Ceres, Genomatica, Mascoma and Elevance have also filed S-1 registrations for proposed IPOs.. Three in the past week, in fact.
Here's the S-1 registration, in a conveniently downsized 10-minute Digest version – with some commentary along the way as to what is driving value in the Fulcrum model, opportunities for the intrepid investor, and some risks which we have translated from the ancient and original SEC into modern English.
Company Overview
Fulcrum produces advanced biofuel from garbage. Its business model combines a proprietary process and zero-cost municipal solid waste, or MSW, feedstock to provide them with what they term "a significant competitive advantage over companies using alternative feedstocks such as corn, sugarcane and other sources of biomass in the production of renewable fuel". According to the filing, they have entered into long-term, zero-cost contracts for enough MSW located throughout the United States to produce more than 700 million gallons of ethanol per year; the core element of their technology, they confirm, has been demonstrated at full scale.
They intend to use a substantial portion of the IPO proceeds of this offering to fund the construction of its first commercial-scale ethanol production facility, the Sierra BioFuels Plant. At this facility, they expect to produce approximately 10 million gallons of ethanol per year at an unsubsidized cash operating cost of less than $1.30 per gallon, net of the sale of co-products such as renewable energy credits.
For a company that believes in waste, they sure don't believe in large overhead. It's a poster child for lean management in the development of advanced bioenergy. Employee headcount is just 17, at IPO time, with just 2 in research and development.
Development costs to date: net losses of $12.4 million, $16.5 million, and $18.0 million for 2008, 2009 and 2010, respectively and $13.8 million for the six months ended June 30, 2011. Total: $63.8 million.
The Technology
From the S-1: "In collaboration with a leading global engineering, consulting and construction company, we conducted an extensive review of more than 100 technologies and processes for producing large volumes of advanced biofuel and concluded that thermochemical technologies offered the most commercially viable solution. Based on this review, we developed a two-step process that consists of gasification followed by alcohol synthesis to produce ethanol from MSW. For the gasification step, we worked with InEnTec LLC, or InEnTec, to combine two gasification technologies into a single energy-efficient process to produce syngas from MSW. For the second step, we worked with Saskatchewan Research Council, or SRC, and Nipawin Biomass Ethanol New Generation Co-operative Ltd., or Nipawin, to integrate their thermochemical catalyst into our proprietary alcohol synthesis process to convert syngas to ethanol."
The Market
The market-limiting factor for this biofuels process is not the overall demand for transport fuel, or ethanol, but the availability of MSW as a feedstock and the availability of sufficient tipping fees to ensure that arrival of zero-cost or negative-cost feedstock at the manufacturing facility gate.
From the S-1: "According to the EPA, annual MSW generation in the United States has trended upwards over the past several decades, increasing from 88 million tons in 1960 to 243 million tons in 2009. On average, each person in the United States generates approximately one ton of MSW per year. More than 85% of the MSW generated in 2009 was comprised of carbon- and hydrogen-based organic materials with latent energy content.
Waste collectors are charged fees for landfill waste disposal, which are referred to as tipping fees. According to the Waste Business Journal, the national average for tipping fees increased from $28.52 per ton in 1991 to $45.62 per ton in 2011, with considerably higher tipping fees in more densely populated regions."
Based on the Fulcrum yields of 50 gallons per ton of MSW, the addressable US market is 12.15 billion gallons of ethanol.
The Strategy
Commence production at Sierra. They plan to commence construction of the first commercial-scale ethanol production facility by the end of 2011, with ethanol production expected to begin in the second half of 2013, at a total capacity of 10 million gallons per year.
Expand production capacity. They will use the the modular design of the technology to construct new, larger facilities quickly and efficiently, with future production capacity at 30- and 60-million gallons per year at future facilities. Such larger facilities would also lower both the capital cost per gallon and the fixed cost component of per gallon production costs (to as low as $0.90 per gallon), enhancing the economics.
Execute fixed-price offtake and hedging contracts. For each facility, we intend to enter into physical and/or financial fixed-price arrangements to lock in sufficient economics to cover a substantial portion of our fixed costs, including debt service.
Secure additional MSW contracts. Longer term, they intend to expand our business by entering into additional MSW feedstock agreements to increase the amount of resources we have available to supply our commercial facilities.
Explore new market opportunities. They may license the technology to third parties and/or partner with large strategic players, such as major oil and chemical companies, outside of the base model to build, own, and operate facilities within the United States.
The Commercialization Plan
Coming online in 2013 and located in the Tahoe-Reno Industrial Center approximately 20 miles east of Reno, Nevada, the cost of constructing the 10 million gallon Sierra project is estimated at $180 million, which will be financed through existing equity capital and proceeds from this IPO.
The State of Nevada currently has a demand for ethanol of more than 50
million gallons per year. Today, there are no ethanol producers in the state of Nevada, nor to our knowledge are there any slated for development other than Sierra. The State of California currently has a demand for more than 950 million gallons of ethanol per year and imports 80% of its total ethanol supply .
Future locations will have capacities of 30 or 60 million gallons, and unsubsidized cash operating costs of less than $0.90 per gallon.
They have identified more than 20 potential site locations across the United States for future development, located in the 19 states in which they have contractually secured zero-cost MSW. They believe opportunities may exist to co-locate our facilities at sites with significant infrastructure in place, such as refineries, which could lower our per-gallon capital costs.
Fulcrum as it sees itself: 11 Competitive Strengths
Zero cost feedstock. We have executed feedstock contracts with some of the largest waste service companies in the United States that will supply us with sufficient feedstock, at zero cost, to produce more than 700 million gallons of advanced biofuel annually for up to 20 years. Our use of MSW at zero cost removes the largest, and most volatile, component of traditional renewable fuels production cost from our cost structure. We believe this provides us with a significant cost advantage over competitors paying for feedstock or utilizing purpose-grown feedstocks.
Transportation advantage. Significant volumes of MSW are generated near metropolitan areas, providing us with a transportation advantage compared to feedstocks harvested or grown in rural areas that must ultimately transport either the feedstock or the fuel to metropolitan areas.
Reliable supply. The United States generates more than 243 million tons of MSW annually, the majority of which is rich in organic carbon, providing sufficient feedstock for our process to produce approximately 12 billion gallons of biofuel annually.
Established infrastructure. By using MSW, we benefit from existing infrastructure for collection, hauling and handling. No new logistical networks would be required to transport the feedstock to our facilities.
No competing use. We produce advanced biofuel from a true waste product that has no competing use, is not sought after by food producers and has no impact on food prices.
Clear path to commercialization. Our first commercial-scale ethanol production facility is expected to begin production in the second half of 2013. We expect to construct additional commercial-scale production facilities across the United States that will be supplied with MSW under our existing contractual arrangements with Waste Connections, Inc. Our modular plant design not only significantly reduces scale-up risk, but will also allow us to construct new facilities and deploy our capital efficiently to capture a meaningful share of the ethanol market in the United States.
Proprietary process not dependent on yield improvement. Our process integrates a catalyst that converts syngas into ethanol, and we have demonstrated the success of this process at full scale at our demonstration facility. We believe our process will produce ethanol at net yields of approximately 70 gallons per ton of MSW, which we believe is sufficient for us to operate profitably in the absence of economic subsidies.
Business model built for long-term and sustainable profitability. We do not rely on government subsidies to make our product commercially viable. While we benefit from policies such as RFS2 and the LCFS, and will access incentives available for the production of our advanced biofuel, we expect our product to be sold on a cost-competitive basis with existing transportation fuels without any reliance on subsidies.
Flexible production process. We have designed our proprietary alcohol synthesis process to give us the flexibility to produce alcohols other than ethanol and take advantage of opportunities in other renewable fuels and chemical markets.
Benefits for our customers. Zero-cost feedstock; stable cost structure. Access to domestically-produced advanced biofuel. Large-scale development program.
Benefits for our MSW suppliers. A cheaper source of waste diversion than traditional landfill disposal. Extend landfill life at existing capacity levels. Avoidance of methane gas emissions.
The Risks, Translated from SEC-speak
In SEC speak: We are a development stage company with a limited operating history, and we have not yet generated any revenue. We currently expect to begin constructing our first commercial ethanol production facility, the Sierra BioFuels Plant, or Sierra, by the end of 2011, and to begin production in the second half of 2013.
In English: We ain't sold nuttin', honey. Cause we ain't built it yet.
In SEC speak: To date, the components of our process have been demonstrated or used separately, but we have not previously demonstrated the processes on a fully-integrated basis at a single location or on a commercial scale.
In English: "Salagadoola mechicka boola bibbidi-bobbidi-boo. Put 'em together and what have you got? Bibbidi-bobbidi-boo."
In SEC speak: We are currently in the process of negotiating a term sheet with the U.S. Department of Energy, or DOE, for a loan guarantee to fund a portion of the construction costs associated with Sierra. As a part of the loan guarantee process, the DOE and its independent consultants conduct due diligence on projects which includes a rigorous investigation and analysis of the technical, financial, contractual, market and legal strengths and weaknesses of each project.
In English: S-O-L-Y-N-D-R-A.
In SEC speak: In order to produce sufficient yields of ethanol to make our facilities economically viable, we will require large volumes of MSW feedstock. Though we have entered into long-term MSW feedstock supply agreements with waste companies to provide enough feedstock to produce more than 700 million gallons of ethanol annually at zero cost, deliveries by such companies may be disrupted due to weather, transportation or labor issues or other reasons outside of our control.
In English: "Keep America Beautiful" – throw lots and lots of litter in the general direction of Lake Tahoe, please.
In SEC speak: We will also apply to the State of California to have our ethanol certified under California's Low Carbon Fuel Standard, or LCFS, which would make our ethanol eligible for the carbon intensity reduction credits that will be available under this program for reducing the carbon intensity of California's transportation fuels.
In English: Not that California might actually pull the rug out from underneath any biofuels venture. Nah, never happen.
In SEC speak: As of June 30, 2011, our executive officers, directors and beneficial holders of 5% or more of our outstanding stock owned almost all of our outstanding voting stock. As a result, these stockholders, acting together, would be able to significantly influence all matters requiring approval by our stockholders, including the election of directors and the approval of mergers or other business combination transactions.
In English: Ah, Skywalker, you will not be a full member of the Jedi Council at this time.
Financing to date
In 2007, James A. C. McDermott, the Managing Partner of USRG Management Company had contributed or made commitments to contribute $1.0 million to the LLC, for 6,741,573 shares of Series A convertible preferred stock.
In August 2007 and February 20
08, they sold an aggregate of 14,000,000 shares of our Series B convertible preferred stock at $1.00 per share for an aggregate purchase price of $14.0 million.
In October 2008, they issued two Senior Secured Convertible Notes, to USRG Holdco III and Rustic Canyon Ventures III, with an initial maximum principal amount of $5.0 million for a maximum aggregate principal amount of $10.0 million, which accrued interest at the rate of 8% per year
In March 2010, they issued two new Senior Secured Convertible Notes to the same parties – the 2010 USRG Note and the 2010 Rustic Canyon Note, with an initial aggregate principal amount of $4.0 million.
In June 2010, the 2008 USRG Note and the 2008 Rustic Canyon Note were converted into 13,450,762 shares of Series B-2 preferred stock, in exchange for the conversion of $26.9 million in principal amounts and accrued interest owed on the notes.
In September 2011, the 2010 USRG Note and the 2010 Rustic Canyon Note were converted into 12,924,605 shares of Series C-1 preferred stock at $2.67 per share, in exchange for the conversion of $32.5 million aggregate principal amount of our senior secured convertible notes and $2.0 million of accrued interest.
Also in September 2011, they sold, or expect to sell prior to completion of this offering, an aggregate of 29,216,738 shares of our Series C-1 convertible preferred stock at $2.67 per share for an aggregate purchase price of $78.0 million, including the conversion of the 2010 USRG Note and the 2010 Rustic Canyon Note.
Fair Valuation by the board of directors
November 1, 2007: $0.24
April 19, 2010: $0.41
June 27, 2011: $1.53
The bottom line
This is the first of the waste-to-biofuels companies to come to the public markets, which elevates the opportunity and risk for the investor in the absence of a benchmark IPO offering.
The company has spent $63.8M to date bringing itself to the cusp of commercialization, which is relatively cheap as advanced biofuels goes. Several companies have filed IPOs after racking up more than $100M in development costs to the point of constructing their first commercial facility.
Like most others (but not all) in this IPO wave, Fulcrum comes to the market with no revenues, and as a financing event rather than a liquidity event for existing shareholders. Having had most of 2011to raise capital, they have (after completing their 2011 pre-IPO financing) $49M in the bank as of June 30th.
Attractive aspects of this filing: zero-cost, locked in feedstock. Assuming we believe the cost estimates from the demonstration-level work that has proceeded to date, there's not much that can go materially wrong in terms of the proposed production cost of $1.30 per gallon for ethanol.
Unattractive aspects: aside from the absence of a full-scale demonstration, there's a high capital cost for this process (at the Sierra facility) of $18 per gallon of capacity – that's more than nine times the cost of building out corn ethanol at scale – though corn ethanol producers (buying on the spot market) are looking at feds rock costs in the $2.50 per gallon range. Even assuming zero-debt and a 20-year life for the facility, the amortized capital cost of this facility will raise the overall fixed production cost to $2.20 per gallon on an unsubsidized basis, which leaves little room for profit at current spot ethanol prices of $2.50 per gallon and exposed at the CBOT current October 2012 ethanol futures price of $2.12 per gallon.
On the other hand, with its 75 percent GHG reduction, Fulcrum will not be competing head-to-head against, say, corn ethanol, but rather be competing within the cellulosic biofuels pool, which in the RFS is restricted to technologies that produce a 60 percent or higher GHG savings. There, the prices (given tight supply for some time to come) are expected to be higher.
Pools of risk: Aside from the aforementioned risks associated with the Sierra project, we have a sketchy, but not contracted out, pathway to future facilities.
The complete S-1 registration statement is here.
Jim Lane is the Editor and Publisher of Biofuels Digest.


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Here's the First Look at Taron Egerton as Elton John In 'Rocketman'
He's Eggsy, he's Robin Hood, and now he's Sir Elton Friggin' John. Taron Egerton steps into the shoes – winged shows, actually – of the legendary musician in the upcoming musical biopic, and we've got the first look at him.
Dexter Fletcher's Rocketman will hop through time to chart the life of the iconic pop star, from his origins at the Royal Academy of Music to superstardom. Paramount released the the first official photo of Egerton on a private jet donning a gold jacket, sparkly big sunglasses, and gold-winged boots – where can I cop a pair of these?!
The studio described the film as "an epic musical fantasy about the uncensored human story of Sir Elton John's breakthrough years." In a movie about John's life, words like "epic," "musical," and "fantasy" all seem like very appropriate. Egerton has insisted before the film isn't exactly a biopic, or at least he doesn't want you to think of it at one. Earlier this year he told Collider:
Everyone thinks it's a biopic. It isn't. It's a fantasy musical so it's actually his songs used to express important beats in his life at emotional moments. He's not the only character that sings. It's going to be fun.
The Kingsman star also lends his own voice to the music of the film, and apparently he did such a good job it blew the real Elton John away. Rocketman also stars Jamie Bell, Game of Thrones' Richard Madden, Bryce Dallas Howard, and Gemma Jones. Stay tuned next week when the first trailer arrives. The film hits theaters May 31, 2019.


text: Beth, Calvin, and their son Conrad are living in the aftermath of the death of the other son. Conrad is overcome by grief and misplaced guilt to the extent of a suicide attempt. He is in therapy. Beth had always preferred his brother and is having difficulty being supportive to Conrad. Calvin is trapped between the two trying to hold the family together.


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Before you start wasting hours upon hours on those boring treadmills, stationary bikes, and elliptical machines, let's examine if low-moderate intensity, long duration cardio exercise is really doing your body any good, or if it is mostly a waste of time. I hope you will concede upon finishing this article that there is a better way to get in great shape, and it doesn't have to involve endless hours on boring cardio machines.
It is common to hear fitness professionals and medical doctors prescribe low to moderate intensity aerobic training (cardio) to people who are trying to prevent heart disease or lose weight. Most often, the recommendations constitute something along the lines of "perform 30-60 minutes of steady pace cardio 3-5 times per week maintaining your heart rate at a moderate level". Before you just give in to this popular belief and become the "hamster on the wheel" doing endless hours of boring cardio, I'd like you to consider some recent scientific research that indicates that steady pace endurance cardio work may not be all it's cracked up to be.
First, realize that our bodies are designed to perform physical activity in bursts of exertion followed by recovery, or stop-and-go movement instead of steady state movement. Recent research is suggesting that physical variability is one of the most important aspects to consider in your training. This tendency can be seen throughout nature as all animals demonstrate stop-and-go motion instead of steady state motion. In fact, humans are the only creatures in nature that attempt to do "endurance" type physical activities.
Most competitive sports (with the exception of endurance running or cycling) are also based on stop-and-go movement or short bursts of exertion followed by recovery. To examine an example of the different effects of endurance or steady state training versus stop-and-go training, consider the physiques of marathoners versus sprinters. Most sprinters carry a physique that is very lean, muscular, and powerful looking, while the typical dedicated marathoner is more often emaciated and sickly looking. Now which would you rather resemble?
Another factor to keep in mind regarding the benefits of physical variability is the internal effect of various forms of exercise on our body. Scientists have known that excessive steady state endurance exercise (different for everyone, but sometimes defined as greater than 60 minutes per session most days of the week) increases free radical production in the body, can degenerate joints, reduces immune function, causes muscle wasting, and can cause a pro-inflammatory response in the body that can potentially lead to chronic diseases. On the other hand, highly variable cyclic training has been linked to increased anti-oxidant production in the body and an anti-inflammatory response, a more efficient nitric oxide response (which can encourage a healthy cardiovascular system), and an increased metabolic rate response (which can assist with weight loss).
Furthermore, steady state endurance training only trains the heart at one specific heart rate range and doesn't train it to respond to various every day stressors. On the other hand, highly variable cyclic training teaches the heart to respond to and recover from a variety of demands making it less likely to fail when you need it. Think about it this way — Exercise that trains your heart to rapidly increase and rapidly decrease will make your heart more capable of handling everyday stress. Stress can cause your blood pressure and heart rate to increase rapidly. Steady state jogging and other endurance training does not train your heart to be able to handle rapid changes in heart rate or blood pressure.
For example, let"s say you jog trying to maintain the same pace for a good 45-minute run. As long as you didn't encounter any big hills along the way, you probably maintained approximately the same heart rate the entire time – let's say it was 135 beats/minute. Now, let's contrast that with a much more effective workout of doing 20 minutes of alternating all-out wind sprints with walking for a minute or two in between sprints to recover. With this more effective workout, you're rapidly changing your heart rate up and down on a much larger scale, forcing it to grow stronger to be able to handle varied demands. Your heart rate would probably alternate from 110-115 during the recovery walks all the way up to 160 bpm or more during the sprints. This doesn't mean that sprints are the only way to take advantage of this style of training. Any style of training that incorporates highly variable intensity will give you these improved results.
The important aspect of variable cyclic training that makes it superior over steady state cardio is the recovery period in between bursts of exertion. That recovery period is crucially important for the body to elicit a healthy response to an exercise stimulus. Another benefit of variable cyclic training is that it is much more interesting and has lower drop-out rates than long boring steady state cardio programs.
To summarize, some of the potential benefits of variable cyclic training compared to steady state endurance training are as follows: improved cardiovascular health, increased anti-oxidant protection, improved immune function, reduced risk for joint wear and tear, reduced muscle wasting, increased residual metabolic rate following exercise, and an increased capacity for the heart to handle life's every day stressors. There are many ways you can reap the benefits of stop-and-go or variable intensity physical training.
In addition to the previously mentioned wind sprints, most competitive sports such as football, basketball, racquetball, tennis, hockey, etc. are naturally comprised of highly variable stop-and-go motion. In addition, weight training naturally incorporates short bursts of exertion followed by recovery periods. High intensity interval training (varying between high and low intensity intervals on any piece of cardio equipment) is yet another training method that utilizes exertion and recovery periods. For example, an interval training session on the treadmill could look something like this:
- Warm-up for 3-4 minutes at a fast walk or light jog;
- Interval 1 – run at 8.0 mi/hr for 1 minute;
- Interval 2 – walk at 4.0 mi/hr for 1.5 minutes;
- Interval 3 – run at 10.0 mi/hr for 1 minute;
- Interval 4 – walk at 4.0 mi/hr for 1.5 minutes;
- Repeat those 4 intervals 4 times for a very intense 20-minute workout.
The take-away message from this article is to try to train your body at highly variable intensity rates for the majority of your workouts to get the most beneficial response in terms of heart health, fat loss, and a strong, lean body.


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