VICTURY SPORTS LLC
Ollyball® & Keepy Uppy®
✅ Section 1: What This Warranty Covers
Victury Sports LLC ("Victury Sports" or "Company") warrants to the original purchaser ("you" or "Customer") that Ollyball® and Keepy Uppy® products ("Product" or "Products") will be free from defects in materials and workmanship under normal use and service conditions for a period of ONE (1) YEAR from the date of original purchase ("Warranty Period").
This warranty covers defects including:
Manufacturing defects in the materials used to produce the Product.
Defects in workmanship that arise under normal, intended use of the Product.
Structural failures or breakdowns of the Product not caused by misuse, abuse, or external damage.
Any defect in the Product as shipped and delivered to the original purchaser.
📦 Section 2: Our Promise — Full Replacement, No Questions Asked. Victury Sports LLC's sole obligation under this warranty, and your sole and exclusive remedy, shall be the replacement of the defective Product with an equivalent or comparable product, at the Company's sole discretion. Victury Sports LLC reserves the right to substitute a product of equal or greater value in the event the exact Product is unavailable.
Section 3: How to Make a Warranty ClaimWhen contacting us, please include the following information in your email to help us process your claim as quickly as possible:
We will review your claim and, upon verification, dispatch your replacement product promptly. We aim to respond to all warranty claims within 2 business days.
❌ Section 4: What This Warranty Does Not Cover
This warranty does not cover, and Victury Sports LLC will not be responsible for, the following:
Damage caused by misuse, abuse, neglect, accidents, or intentional acts.
Normal wear and tear from regular use of the Product.
Damage caused by failure to follow product instructions, care guidelines, or safety warnings.
Cosmetic damage, including scratches, dents, and discoloration, that do not affect functionality.
Damage caused by use of the Product in ways not intended or recommended by Victury Sports LLC.
Products that have been modified, altered, repaired, or tampered with by anyone other than Victury Sports LLC.
Products that have been lost or stolen.
Damage caused by environmental conditions, including extreme heat, cold, moisture, or exposure to chemicals.
Products purchased from unauthorized third-party sellers, including unauthorized Amazon marketplace sellers or unauthorized TikTok Shop sellers — purchases from unauthorized sellers void this warranty entirely. See our Official Brand Protection Statement for details.
Claims made after the expiration of the one-year Warranty Period.
Section 5: Warranty Transferability
This warranty is extended to the original purchaser only and is not transferable. It applies only to Products purchased new from Victury Sports LLC or an Authorized Retailer. This warranty is non-transferable and applies only to the individual or entity that originally purchased the Product.
Section 6: Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, VICTURY SPORTS LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO THE ONE-YEAR WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 7: Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VICTURY SPORTS LLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR ANY OTHER ECONOMIC LOSS. VICTURY SPORTS LLC'S TOTAL LIABILITY UNDER THIS WARRANTY SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
Section 8: Governing Law
This Limited Warranty shall be governed by and construed in accordance with the laws of the United States and the state in which Victury Sports LLC is incorporated, without regard to its conflict of laws principles.
***VICTURY SPORTS LLC Third-Party Seller Warranty Void Notice***
Section 1: Preamble & Purpose of This Statement
This Official Brand Protection Statement ("Statement") is issued by Victury Sports LLC ("Victury Sports" or "Company"), the sole manufacturer, patent holder, trademark owner, and authorized licensor of Ollyball® and Keepy Uppy® products (collectively, "Products").
This Statement serves THREE critical purposes:
To provide OFFICIAL PUBLIC NOTICE that the sale of Ollyball® and Keepy Uppy® products by any unauthorized third party VOIDS ALL WARRANTIES, GUARANTEES, AND PROOF OF AUTHENTICITY associated with the Products. To establish the formal, documented legal and factual BASIS for the removal of all unauthorized, unlicensed, and unapproved third-party sellers from ALL online marketplaces — including but not limited to all Amazon Marketplace channels and all TikTok Shop platforms — globally.
To serve as supporting documentation for brand protection enforcement submissions to marketplace platforms, intellectual property enforcement bodies, customs authorities, and legal proceedings. This Statement applies to all websites, online marketplaces, storefronts, and commerce platforms worldwide. It is intended to be published on the Victury Sports LLC official website, included in all authorized retailer communications, and submitted as supporting documentation to all marketplace platforms on which unauthorized sellers are identified.
Section 2: Notice to All Websites & Consumers — Authorized Sellers Only
⚠️OFFICIAL CONSUMER NOTICE⚠️
Victury Sports LLC sells Ollyball® and Keepy Uppy® EXCLUSIVELY through its official channels and a carefully vetted network of Authorized Specialty Retailers. Victury Sports LLC does NOT authorize, endorse, or approve any third-party sellers, resellers, or unauthorized vendors to sell Ollyball® or Keepy Uppy® products on any online marketplace, including Amazon, TikTok Shop, eBay, Walmart Marketplace, or any other platform not expressly approved in writing by Victury Sports LLC.
IF YOU HAVE PURCHASED OR ARE CONSIDERING PURCHASING Ollyball® or Keepy Uppy® from any seller other than Victury Sports LLC directly or a verified Authorized Retailer, PLEASE READ THE FOLLOWING CAREFULLY.
Section 3: Third-Party Sales — Warranty, Guarantee & Authenticity Void
ALL WARRANTIES, GUARANTEES, AND PROOF OF AUTHENTICITY ARE VOID FOR ANY PRODUCT SOLD BY AN UNAUTHORIZED THIRD PARTY
This applies to ALL third-party sellers on ALL platforms — including Amazon, TikTok Shop, eBay, Walmart Marketplace, Facebook Marketplace, Mercado Libre, Shopify storefronts, and any other online or offline venue not expressly authorized in writing by Victury Sports LLC.
3.1 MANUFACTURER'S WARRANTY VOID; The Victury Sports LLC limited manufacturer's warranty for Ollyball® and Keepy Uppy® is valid ONLY for Products purchased directly from Victury Sports LLC or from a duly authorized Victury Sports LLC retailer. Any Product purchased from an unauthorized third-party seller — regardless of platform — is sold without warranty coverage of any kind. Victury Sports LLC will not honor warranty claims for Products sold through unauthorized channels.
3.2 GUARANTEE OF QUALITY VOID; Victury Sports LLC cannot guarantee the condition, quality, safety, or performance of any Product sold by an unauthorized third party. Third-party sellers may sell counterfeit products, used or returned items represented as new, damaged goods, products that have been stored improperly, products whose packaging has been tampered with, or products that fail to meet Victury Sports LLC's strict quality control standards. Victury Sports LLC expressly disclaims all responsibility for such products.
3.3 PROOF OF AUTHENTICITY VOID; Victury Sports LLC cannot verify or guarantee the authenticity of any Product sold by an unauthorized third party. The sale of counterfeit or non-genuine Ollyball® or Keepy Uppy® products by any party constitutes a violation of Victury Sports LLC's utility patents, registered trademarks, and copyrights, and will be prosecuted to the fullest extent of the law.
3.4 SAFETY DISCLAIMER; Products sold through unauthorized channels may not meet the safety standards required for Ollyball® and Keepy Uppy®. Victury Sports LLC strongly cautions consumers against purchasing from unauthorized sellers, particularly for use by children, as non-genuine or improperly handled products may present safety risks for which Victury Sports LLC bears no responsibility.
3.5 CONSUMER RECOURSE; Consumers who have purchased Ollyball® or Keepy Uppy® products from unauthorized third-party sellers should seek recourse directly from the unauthorized seller or the marketplace platform through which the purchase was made. Victury Sports LLC will not provide refunds, replacements, or support for purchases made through unauthorized channels.
Section 4: Intellectual Property — The Strongest Possible Protection. Ollyball® and Keepy Uppy® Are Among the Most Comprehensively Protected Products in the Toy Industry
The unauthorized sale, distribution, reproduction, or imitation of Ollyball® or Keepy Uppy® products constitutes a simultaneous violation of MULTIPLE federal and international intellectual property laws. Victury Sports LLC pursues enforcement vigorously and without exception.
PROTECTION TYPE SCOPE &ENFORCEMENT
★ TWO (2) U.S. UTILITY PATENTS
Victury Sports LLC holds Two United States Utility Patents protecting the core technology and inventions underlying Ollyball® and Keepy Uppy®. Unauthorized manufacture, importation, sale, or offering for sale of any product that embodies the patented inventions constitutes patent infringement under 35 U.S.C. § 271, subjecting infringers to damages, treble damages for willful infringement, and attorneys’ fees.
® WORLDWIDE TRADEMARK REGISTRATIONS
The Ollyball® and Keepy Uppy® names, logos, and trade dress are registered trademarks in the United States and internationally. Unauthorized use of these marks in commerce — including on product listings, seller storefronts, and promotional materials — constitutes trademark infringement and false designation of origin under the Lanham Act (15 U.S.C. § 1114 et seq.) and equivalent international laws.
© COPYRIGHTS
All Ollyball® and Keepy Uppy® packaging artwork, product imagery, instructional content, marketing copy, and branded creative materials are protected by copyright. Unauthorized reproduction, distribution, or display of copyrighted materials constitutes copyright infringement under 17 U.S.C. § 501, subject to statutory damages of up to $150,000 per willful infringement.
TRADE DRESS
The distinctive appearance, look, and feel of Ollyball® and Keepy Uppy® products and packaging constitute protectable trade dress. Any imitation or knock-off product designed to cause consumer confusion with the genuine Victury Sports LLC Products constitutes trade dress infringement.
Section 5: Formal Basis for Removal of All Unauthorized Third-Party Sellers
This Section establishes the formal factual, legal, and contractual basis upon which Victury Sports LLC demands the immediate removal of all unauthorized third-party listings of Ollyball® and Keepy Uppy® products from all online marketplaces.
❌ AMAZON — ALL GLOBAL MARKETPLACE CHANNELS ❌
Victury Sports LLC has NOT authorized any third-party seller to list or sell Ollyball® or Keepy Uppy® products on Amazon.com or any Amazon Marketplace channel globally.
This prohibition expressly covers ALL of the following Amazon channels:
Amazon.com (United States)
Amazon.ca (Canada)
Amazon.co.uk (United Kingdom)
Amazon.de (Germany)
Amazon.fr (France)
Amazon.it (Italy)
Amazon.es (Spain)
Amazon.co.jp (Japan)
Amazon.in (India)
Amazon.com.au (Australia)
Amazon.com.mx (Mexico)
Amazon.com.br (Brazil)
Amazon Vendor Central
Amazon Seller Central / FBA
Amazon Handmade
Amazon Renewed
Any Amazon-affiliated or Amazon-owned marketplace platform, present or future
❌ TIKTOK SHOP — ALL GLOBAL PLATFORMS ❌
Victury Sports LLC has NOT authorized any third-party seller to list or sell Ollyball® or Keepy Uppy® products on TikTok Shop or any TikTok-affiliated commerce platform, globally.
This prohibition expressly covers ALL of the following TikTok channels:
TikTok Shop (United States)
TikTok Shop (United Kingdom)
TikTok Shop (Southeast Asia — all countries)
TikTok Shop (all other global markets)
TikTok Live Shopping / TikTok LIVE commerce features
Any TikTok-affiliated, TikTok-branded, or ByteDance-owned commerce platform, present or future
❌ ALL OTHER UNAUTHORIZED ONLINE MARKETPLACES ❌
The above prohibition is not limited to Amazon and TikTok Shop. Victury Sports LLC has not authorized third-party sales on any online marketplace not expressly approved in writing, including without limitation:
eBay (all global sites)
Walmart Marketplace
Facebook Marketplace & Facebook Shops
Instagram Shopping (unauthorized storefronts)
Etsy
Mercado Libre (all markets)
Wish / ContextLogic
AliExpress / Alibaba
Rakuten Marketplace
Poshmark, OfferUp, Depop, or any peer-to-peer resale platform
Any other marketplace platform not expressly authorized in writing by Victury Sports LLC Section 6: Legal Grounds for Removal — Basis of Enforcement
Victury Sports LLC's demand for the removal of unauthorized third-party sellers is supported by the following independent legal grounds, each of which independently justifies removal action:
1. TRADEMARK INFRINGEMENT — Unauthorized use of the Ollyball® and Keepy Uppy® registered trademarks in product listings, seller storefronts, and marketing materials constitutes trademark infringement under the Lanham Act (15 U.S.C. § 1114) and equivalent international law. Marketplace platforms have an independent obligation to respond to documented trademark infringement notices under their terms of service and applicable law.
2. PATENT INFRINGEMENT — The unauthorized sale or offering for sale of products incorporating Victury Sports LLC's patented technology constitutes patent infringement under 35 U.S.C. § 271. This applies to both genuine Products sold without authorization and counterfeit products that embody the patented inventions.
3. COPYRIGHT INFRINGEMENT — The unauthorized use of Victury Sports LLC's copyrighted product images, packaging artwork, and marketing materials in unauthorized listings constitutes copyright infringement under the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and equivalent international law. Marketplace platforms are required to expeditiously remove infringing content upon receipt of a proper DMCA takedown notice.
4. COUNTERFEIT; ANTI-COUNTERFEITING LAWS — The sale of counterfeit Ollyball® or Keepy Uppy® products constitutes a violation of the Trademark Counterfeiting Act (18 U.S.C. § 2320), subject to criminal penalties. Marketplace platforms that knowingly facilitate the sale of counterfeit goods may face secondary liability.
5. CONSUMER PROTECTION LAWS — The sale of unauthorized Products as genuine Ollyball® or Keepy Uppy® items constitutes a deceptive trade practice under the FTC Act (15 U.S.C. § 45) and equivalent state consumer protection statutes. Such misrepresentation harms consumers who believe they are purchasing authentic, warranted Products.
6. BREACH OF MARKETPLACE TERMS OF SERVICE — Major marketplace platforms, including Amazon and TikTok Shop, expressly prohibit the sale of counterfeit goods and the infringement of third-party intellectual property rights in their seller terms of service. Unauthorized sellers of Ollyball® and Keepy Uppy® are in direct violation of these platform terms.
7. FIRST SALE DOCTRINE DOES NOT APPLY — The first sale doctrine does not protect the sale of materially different goods. Products sold by unauthorized sellers may be counterfeit, damaged, improperly stored, or otherwise materially different from genuine Victury Sports LLC Products, removing any first sale doctrine protection and creating grounds for removal.
Section 7: Formal Notice to Marketplace Platforms
NOTICE TO ALL ONLINE MARKETPLACE OPERATORS
Victury Sports LLC hereby places all online marketplace platform operators — including but not limited to Amazon, Inc., TikTok Shop (ByteDance Ltd.), eBay Inc., Walmart Inc., Meta Platforms, Inc., and all other marketplace operators — on formal notice of the following:
Victury Sports LLC is the exclusive owner of the Ollyball® and Keepy Uppy® trademarks, utility patents, and copyrights identified in this Statement.
No third-party seller operating on your platform has been authorized by Victury Sports LLC to sell Ollyball® or Keepy Uppy® products, unless Victury Sports LLC has provided a specific, written authorization letter naming that seller.
All current and future third-party listings of Ollyball® and Keepy Uppy® on your platform by sellers other than Victury Sports LLC directly, or its designated authorized sellers, are unauthorized and infringe upon Victury Sports LLC's intellectual property rights.
Victury Sports LLC demands the immediate removal of all unauthorized listings upon receipt of formal takedown notices submitted through each platform's brand protection, IP reporting, or seller violation processes.
Victury Sports LLC will enforce its intellectual property rights aggressively, including through litigation, against any platform that knowingly continues to host infringing listings after receiving formal notice.
Victury Sports LLC has enrolled and will enroll in all available brand protection and brand registry programs on all major marketplace platforms, including Amazon Brand Registry, to enable automated and expedited enforcement.
7.1 AMAZON SPECIFICALLY; Victury Sports LLC has submitted and will continue to submit IP infringement reports and ASIN removal requests through Amazon Brand Registry and Amazon's Report Infringement portal for all unauthorized third-party listings of Ollyball® and Keepy Uppy®. Amazon is hereby on notice that all unauthorized seller listings of the Products constitute trademark infringement and, where counterfeit goods are involved, counterfeiting in violation of 18 U.S.C. § 2320 and Amazon's Anti-Counterfeiting Policy.
7.2 TIKTOK SHOP SPECIFICALLY; Victury Sports LLC has submitted and will continue to submit IP infringement reports through TikTok Shop's Intellectual Property Protection portal for all unauthorized third-party listings of Ollyball® and Keepy Uppy®. TikTok Shop is hereby on notice that all unauthorized seller listings of the Products constitute trademark and patent infringement.
Section 8: Direct Notice to Unauthorized Sellers
IF YOU ARE AN UNAUTHORIZED SELLER OF Ollyball® OR Keepy Uppy® PRODUCTS:
Victury Sports LLC has identified that products bearing the Ollyball® and Keepy Uppy® trademarks are being listed and sold by unauthorized third parties on various online marketplaces. This constitutes a serious violation of Victury Sports LLC's federally registered intellectual property rights.
You are hereby formally notified that:
Your listings of Ollyball® and/or Keepy Uppy® products on any online marketplace without written authorization from Victury Sports LLC constitute trademark infringement, potential patent infringement, and potential copyright infringement under federal law.
Victury Sports LLC demands that you IMMEDIATELY and PERMANENTLY cease and desist from listing, selling, offering for sale, or distributing any Ollyball® or Keepy Uppy® products on any online marketplace or other channel.
Victury Sports LLC has reported and will continue to report your listings to all relevant marketplace platforms for removal, and has enrolled in all available brand registry and IP protection programs to expedite such removals.
Victury Sports LLC will take all available legal action, including seeking injunctive relief, compensatory damages, treble damages for willful infringement, statutory damages, disgorgement of profits, and attorneys' fees, against any party that continues to infringe its intellectual property rights after receiving this notice.
The sale of counterfeit Ollyball® or Keepy Uppy® products may constitute a federal crime under the Trademark Counterfeiting Act (18 U.S.C. § 2320) and may result in criminal prosecution in addition to civil liability.
Section 9: Consumer Guidance — How to Buy Authentic Products
To ensure you receive genuine, warranted, award-winning Ollyball® and Keepy Uppy® products, Victury Sports LLC strongly recommends purchasing ONLY from the following sources:
✅ Victury Sports LLC Official Website
Purchase directly from Victury Sports LLC's official brand website. Full warranty, authenticity guarantee, and manufacturer support included.
✅ Authorized Specialty Retailers
Purchase from Victury Sports LLC's verified network of Authorized Specialty Retailers. Look for the "Authorized Retailer" designation. Full warranty applies.
❌ Amazon / Third-Party Sellers
NOT AUTHORIZED. Warranty void. Authenticity not guaranteed. Do not purchase from third-party Amazon sellers.
❌ TikTok Shop / Third-Party Sellers
NOT AUTHORIZED. Warranty void. Authenticity not guaranteed. Do not purchase from TikTok Shop third-party sellers.
❌ Other Marketplace Sellers
NOT AUTHORIZED unless explicitly verified in writing by Victury Sports LLC. Warranty void. Authenticity not guaranteed.
Section 10: Award Recognition — Why Authenticity Matters
★ Ollyball® — Toy of the Year Award Winner ★
PLUS 12 ADDITIONAL NATIONAL; INTERNATIONAL AWARDS
Ollyball® and Keepy Uppy® have earned the Toy of the Year Award — widely regarded as the "Academy Award" of the global toy industry — along with 12 additional national and international awards for innovation, safety, play value, and design. These awards reflect the extraordinary quality standards, design excellence, and manufacturing precision that Victury Sports LLC applies to every genuine product. Products sold by unauthorized sellers CANNOT carry the assurance of these standards. Purchasing from unauthorized sellers deprives consumers of the award-winning quality that defines the authentic Ollyball® and Keepy Uppy® experience.
Section 11: Certification & Execution
This Official Brand Protection Statement is issued by a duly authorized officer of Victury Sports LLC and is certified to be true and accurate to the best of the Company's knowledge. This Statement is intended to serve as a formal, legally operative document for use in marketplace enforcement actions, DMCA takedown notices, trademark infringement reports, legal proceedings, and consumer communications.
©2026 Victury Sports LLC. All Rights Reserved. Ollyball® and Keepy Uppy® are registered trademarks of Victury Sports LLC. Protected by U.S. Utility Patents. All intellectual property rights reserved. Unauthorized reproduction or use of this Statement or any Company intellectual property is strictly prohibited and will be prosecuted to the fullest extent of the law.