Date of Last Revision: 2/2/15
ChallengeStarTM develops and publishes social games for the web including ChallengeStarTM (the “Service”). In addition, ChallengeStarTM operates www.challengestar.com (the “Site”). The purpose of the Service is to allow people to create socially interactive Challenges. ChallengeStarTM does not endorse or approve of any challenges made available by users of the Service or Site and makes no representation or warranty that a Challenge is free from risk of physical harm, property damage, or any other risk or consequence. All consequences of making available and/or performing a challenge is made at the sole risk and responsibility of the user.
In this policy, “ChallengeStar” refers to Challenge Star, LLC and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers. We may also refer to ChallengeStarTM as “We” or “Us.”
“Buy-In” – A one-time payment required to participate in a Challenge. All users who submit a post will pay this fee and the resulting prize amount will be awarded to the winner(s).
“Captain’s Cut” – The royalty earned by the creator of the challenge (currently 1% of the total pot). This does not apply in “Charity Challenges”.
“Challenge” – An informal contest between Users and themselves and/or others.
“Challenge Captain” – The user that originally created a Challenge.
“Charity Challenge” – In these types of contests there is no prize for the challengers themselves; rather, the beneficiary is a cause that is pre-named during the creation of the challenge. Users raise funds via donations from anyone that can see the contest, via individual pledges to user’s posts or via the overall “pot sweetener”.
“Pledge” – A Pledge is very similar to a vote, however, users are voting by donating money to the user’s posts. Users may pledge as many times and as much as they want. The pledges are non-refundable. The user with the most money pledged to his or her post wins the challenge and is credited with a win.
“Pot” – The prize that will be awarded to the Challenge winner or winners, less fees. Pots in a Charity Challenge will be awarded to the registered charity, less fees. This term is not intended for gambling purposes, but merely as a descriptive term.
“Prize Challenge” – Also called ‘winner takes all,’ in these challenges the ‘Pledge’ button is replaced by a ‘Vote’ button and the community votes on what they like. At the end of the contest, the post with the most votes wins the bragging rights and any money in the pot.
“Sweeten the Pot” – To “Sweeten” a pot is to make a voluntary donation to a pot. Sweeteners are simply added to the pot and get distributed to the winner(s) or causes, less fees.
“User Content” – All postings, messages, text, files, images, photos, video, sounds, or other user published materials posted on, transmitted through, or linked from the Service and Site.
“Vote” – Most Challenges will be decided by voting. Upon expiration, the user with the most votes will be declared the winner of the Challenge. If there is a tie then each winner will get a point and any pot will be evenly split among the winners, less fees.
ACCEPTANCE OF TERMS
NOT collect online contact information from children under the age of 13 without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, online information will only be used to respond directly to the child’s request and will not be used for other purposes without prior parental consent.
NOT collect personally identifiable offline contact information from children under the age of 13 without prior parental consent.
NOT distribute to third parties any personally identifiable information with respect to children under the age of 13 without prior parental consent.
NOT give the ability to publicly post or otherwise distribute personally identifiable contact information with respect to children under the age of 13 without prior parental consent.
NOT entice children under the age of 13 by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of thirteen.
ACCESSING THE SERVICE OR SITE
USE OF THE SERVICE OR SITE
The following restrictions apply to the use of the Service and Site.
a. You shall not create an Account or access the Service or Site if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service or Site by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
c. You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not create an Account or use the Service or Site if you are a convicted sex offender;
e. You shall not have an Account or use the Service or Site if you have previously been removed by ChallengeStarTM or previously been banned from using the Service or Site;
f. You shall not use the Service or Site if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
g. You shall use your Account only for non-commercial purposes;
h. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
i. In connection with your use of the Service and Site you will not engage in any activity that may create a risk of injury, death, property damage, and/or liability of any kind;
j. When accessing and/or using the Service and Site, you shall not inflict emotional distress on any person, humiliate any other person, assault or threaten any other person;
k. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without ChallengeStar’s written permission;
l. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without ChallengeStar’s permission; and
m. If you access the Service or Site from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
n. You shall not use the site or service for any form of gambling.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other User Content posted on, transmitted through, or linked from the Service and Site, are the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely responsible for each individual item of contact that you post, email or otherwise make available via the Service or Site. You are solely responsible for any User Content contributed by you. User Content will not be treated as confidential. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion.
You understand that User Content does not represent the views of ChallengeStarTM or any individual associated with ChallengeStarTM and that ChallengeStarTM does not control, and is not responsible for User Content made available through the Service or Site, and that by using the Service or Site, you may be exposed to User Content that is harmful, offensive, indecent, inaccurate, misleading, or otherwise objectionable. ChallengeStarTM does not vouch for the accuracy or credibility of any User Content on the Service and Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Service and Site. ChallengeStarTM does not and cannot review all User Content or other communications and materials posted to or created by users accessing the Service or Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the Service and Site, ChallengeStarTM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service and Site. However, ChallengeStarTM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, in violation of a copyright, trademark or; other intellectual property right of another; (c) harmful; or (d) offensive or otherwise unacceptable to ChallengeStarTM in its sole discretion.
USER RESPONSIBILITY FOR ACCOUNT NAME AND PASSWORD
You agree that the confidentiality of your account name and password are your responsibility, and you agree to accept responsibility for all activities that occur under your account name and password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or Site (“Submissions”), provided by you to ChallengeStarTM are non-confidential and shall become the sole property of ChallengeStarTM. ChallengeStarTM shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
VIOLATION OF TERMS
ChallengeStarTM reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content (including private messages and products) provided by you, or to deny, restrict, suspend or terminate your access to all or any part of the Service or Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. ChallengeStarTM expressly reserves the right to remove your profile or account, products and/or deny, restrict, suspend, or terminate your access to all or any part of the Service or Site if ChallengeStarTM determines, in its sole discretion that you have violated this agreement or that such action would be in the best interest of ChallengeStarTM.
THIRD PARTY CONTENT, SITES, AND SERVICES
Your interactions with organizations and/or individuals found on or through the Service or Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that ChallengeStarTM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site or Service, or between users and any third party, you understand and agree that ChallengeStarTM is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ChallengeStarTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
PRIVACY AND INFORMATION USAGE
While using the Service and Site you agree not to post, email, or otherwise make available User Content or create, propose, or participate in a Challenge:
- That may be considered any form of gambling;
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- That may constitute a crime or tort;
- That may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- That may create a risk of any other loss or damage to any person or property;
- That may require any person to enter into private property without permission;
- That may create a risk of injury, death, property damage, and/or liability of any kind;
- That is pornographic or depicts a human being engaged in actual sexual conduct, including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That promotes bullying or harassment of others;
- That consists of cruelty to or abuse of animals;
- That impersonates any person or entity, including, but not limited to, a ChallengeStarTM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- That includes personal or identifying information about another person without that person’s explicit consent;
- That is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- That constitutes or contains any form of advertising or solicitation if: posted in areas of the ChallengeStarTM sites which are not designated for such purposes; or emailed to ChallengeStarTM users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
- That includes links to commercial services or web sites, except as allowed in “services”;
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service or Site, or that otherwise negatively affects other users’ ability to use the Service or Site;
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service or Site;
- That otherwise violates any applicable federal, state, local or international laws.
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the Service or SNS – unless expressly permitted by ChallengeStarTM or the SNS;
- Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Attempt to gain unauthorized access to ChallengeStar’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; or
- Use any form of automated device or computer program that enables the submission of postings on www.challengestar.com or Service without each posting being manually entered by the author thereof (an “Automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
ChallengeStarTM DOES NOT ENCOURAGE AND DOES NOT SEEK USER CONTENT THAT RESULTS FROM ANY ACTIVITY DESCRIBED ABOVE. ChallengeStarTM reserves the right to reject any User Content in which ChallengeStarTM believes, in its sole discretion that any such activities have occurred. ChallengeStarTM further reserves the right to remove any such User Content and permanently ban the user from the Service and/or Service at any time and without notice. If you wish to report User Content that violates the aforementioned conduct policies, you may do so by sending ChallengeStarTM an email at firstname.lastname@example.org. ChallengeStarTM makes no warranty, express or implied, that it will take any particular action, or any action whatsoever, in response to such reports.
ALL ACTIONS, UNDERTAKEN BY USER(S) IN CHALLENGESTAR, IN CONNECTION WITH THE USAGE OF CHALLENGESTAR, WHETHER ONLINE OR OFFLINE OR IN MAKING, ISSUING, ACCEPTING, OR PARTICIPATING IN A CHALLENGE, ARE PERFORMED AT THE USER’S SOLE RISK. CHALLENGESTAR DOES NOT ENDORSE OR PRESCREEN CHALLENGES ISSUED OR MADE AVAILABLE ON THE SERVICE OR SITE AND MAKES NO REPRESENTATION OR WARRANTY THAT THE CHALLENGE IS FREE FROM RISK OF PHYSICAL HARM, PROPERTY DAMAGE, OR ANY OTHER RISK OR CONSEQUENCE. CHALLENGESTAR DOES NOT ASSUME LIABILITY OR RESPONSIBILITY FOR CHALLENGES, AND THEIR CONSEQUENCES, WHICH ARE ARRANGED BETWEEN USERS AND MIGHT INVOLVE DANGERS FOR THE PARTICIPANTS OF A CHALLENGE. ALL CONSEQUENCES OF MAKING AVAILABLE AND/OR PERFORMING A CHALLENGE IS MADE AT THE SOLE RISK AND RESPONSIBILITY OF THE USER.
A “posting agent” is a third-party agent, service, or intermediary that offers to post Content to the Service or Site on behalf of others. To moderate demands on www.challengestar.com resources, you may not use a Posting Agent to post content to the Service or Site without express permission or license from ChallengeStarTM. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service or Site to facilitate posting Content on behalf of others, except with express permission or license from ChallengeStarTM.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to ChallengeStarTM email addresses or through www.challengestar.com computer systems are expressly prohibited by these Terms. Any unauthorized use of www.challenegstar.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), and such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE AND SITE
You acknowledge that ChallengeStarTM may establish limits concerning use of the Service and Site, including the maximum number of days that Content will be retained by the Service or Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service or Site, and the frequency with which you may access the Service or Site. You agree that ChallengeStarTM has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service or Site. You acknowledge that ChallengeStarTM reserves the right at any time to modify or discontinue the Service or Site (or any part thereof) with or without notice, and that ChallengeStarTM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Site.
ACCESS TO THE SERVICE AND SITE
ChallengeStarTM grants you a limited, revocable, nonexclusive license to access the Service and Site for your own personal use. This license does not include: (a) access to the Service or Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service or Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ChallengeStarTM. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service or Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
ChallengeStarTM permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service or Site so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of ChallengeStarTM sites so long as the link does not portray ChallengeStarTM, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
ChallengeStarTM offers various parts of the Service and Site in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. ChallengeStarTM permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ChallengeStarTM as the source, (d) your use or display does not suggest that ChallengeStarTM promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden ChallengeStar’s systems. ChallengeStarTM reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service or Site beyond the scope of authorized access granted to you by ChallengeStarTM immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service, Site, or any Content made available via the Service or Site for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ChallengeStarTM.
CONDITIONS OF PARTICIPATION
The Service is a socially interactive challenge database. Users will be able to create and share Challenges for fun and virtual points. They will also be able to create Challenges with a Pot and Challenges that are designed to raise money for charities. ChallengeStarTM shall implement Rules for gameplay and participating in the Service. All Users are required to review these Rules, which may be changed from time to time in ChallengeStar’sTM sole discretion. BY ACCESSING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE RULES. IF YOU DO NOT AGREE TO THE RULES AND CONDITIONS OF PARTICIPATION, PLEASE IMMEDIATELY LEAVE THIS SITE OR SERVICE.
Users of the Service may identify that a particular Buy-In will be required to participate in a Challenge. Users may also voluntarily choose to Sweeten the Pot or submit a Pledge. Such Buy-Ins, Pledges, and voluntary contributions are not created or determined by ChallengeStarTM, or its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, or employers. ChallengeStarTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers do not in any way represent or promise that Buy-In, Pledge, or contribution by a User of the Service will be paid or provided by ChallengeStarTM, or its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, or employers. Further, ChallengeStarTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers shall not be responsible for determining whether any user Challenge posted on the Service or Site has been successfully completed. Most Challenges will be decided by user Vote. Upon expiration, the user with the most Votes will be declared the winner of the Challenge. If there is a tie then each winner will get a point and any Pot will be evenly split among the winners, less any ChallengeStarTM fees. All Challenges, Pledges, prizes, or contributions associated with a Challenge are made solely at the user’s own risk and are the personal responsibility of the user(s).
ChallengeStarTM is not a game of chance. The intent of the Service is to reward users only for actions over which they have control or influence. The use of this Service to reward users for actions over which they have no control or influence is strictly prohibited.
You acknowledge that ChallengeStarTM and other agents may be charged with holding money wagered in relation to a Challenge. ChallengeStarTM shall not be responsible for enforcing that such agents perform their role properly, including paying out winners properly.
You acknowledge that ChallengeStarTM and its users are subject to human error. Users who vote in a Challenge or users who Pledge may make mistakes (in good faith or not). You acknowledge that this is an inherent risk of playing ChallengeStarTM and agree to accept their Votes as final. This specifically includes making what you may believe are incorrect judgments or other actions that may directly or indirectly affect the outcome of your Challenge. Any disputes you have with users must be resolved directly with the user. ChallengeStarTM will not mediate such disputes or take any responsibility for the actions or inactions of ChallengeStarTM users.
In some Challenges, a user is both the Challenge Captain and a competitor. This may presents a conflict of interest. If you agree to play in a Challenge where the Challenge Captain is also competing, you accept full responsibility for any problems arising therefrom.
DISCLAIMER OF WARRANTIES
In the event that you have a dispute with one or more users or a third party relating to a Challenge, Pledge reward, or prize, Vote, arising from use of the Service or Site, you hereby release ChallengeStarTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service or Site.
Furthermore, ChallengeStarTM is not responsible or liable in any manner for any products, User Content or third party content offered through, linked to or posted on the Service or Site. ChallengeStarTM does not control and is not responsible for what users contribute to the Service or Site and is not responsible for any User Content you may encounter on or in connection with your use of the Service and Site or from the issuance or performance of a Challenge that may result in injury, death, property damage, and/or liability of any kind, or that is offensive, inappropriate, obscene, unlawful or otherwise objectionable. ChallengeStarTM is not responsible for the conduct, whether online or offline or in issuance and/or in participation of a Challenge, of any user of the Service or Site. Under no circumstances will ChallengeStarTM be responsible or liable for any loss or damage, including any loss or damage to any User Content, property damage, or personal injury or death, resulting from anyone’s use of the Service or Site, any user Content or third party content linked to or posted on or through the Service or Site, or any interactions between users of the Service or Site, whether online or offline or in issuing and/or performing a Challenge.
The Service or Site may be temporarily unavailable from time to time for maintenance or other reasons. ChallengeStarTM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content.
ChallengeStarTM reserves the right to change any and all content contained in the Service or Site or offered through the Service or Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by ChallengeStarTM.
You Understand and Agree that:
- Your use of the Service and Site is at your own risk.
- The Service and Site, and all content, User Content, third-party content, products and services included in the Service and Site are provided “as is” with no warranties whatsoever.
- ChallengeStarTM disclaims all warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property.
- ChallengeStarTM makes no warranty or representation regarding (i) any content, User Content, third party content, product or service offered or sold through the Service or Site (ii) that a Challenge is free from risk of physical harm, property damage, or any other risk or consequence (iii) the results that may be obtained from the use of the Service or Site, (iv) the currency, accuracy, quality, content, completeness, legality, operability, availability or reliability of any information or products obtained through the Service or Site, or (v) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or material. ChallengeStarTM does not represent or warrant that the Service or Site will meet any of your requirements or that it will be uninterrupted, timely, secure or error free.
- Use of our Service and Site is at your sole risk. The use or purchase of any products, material, user content products and/or data downloaded or otherwise obtained through the use of the Service or Site is at your own discretion and risk and you will be solely responsible for any damage that results from the purchase of such products or the download of such material, user content and/or data, and of all consequences relating to issuance and/or performance of a Challenge.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, you hereby release, and waive all claims and demands against ChallengeStarTM and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service or Site.
UNDER NO CIRCUMSTANCES SHALL challengestar, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, JOINT VENTURES, ANY OTHER CORPORATE ENTITIES UNDER COMMON OWNERSHIP, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, OR EMPLOYERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING (i) FROM ANY ASPECT OF YOUR USE OR RESULTS OF YOUR USE OF THE CHALLENGESTAR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CHALLENGESTAR SITE OR THE SERVICE, (ii) FROM INABILITY TO USE THE CHALLENGESTAR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CHALLENGESTAR SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CHALLENGESTAR SITE OR THE SERVICE OR ANY LINKS ON THE CHALLENGESTAR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CHALLENGESTAR SITE OR THE SERVICE OR ANY LINKS ON THE CHALLENGESTAR SITE OR THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT CHALLENGESTAR SHALL NOT BE LIABLE FOR YOUR ISSUANCE OF OR PERFORMANCE IN THE ISSUANCE OF USER CONTENT INTENDED FOR THE SERVICE OR SITE, INCLUDING THE ISSUANCE OF A CHALLENGE, CONTENT CREATED AND/OR PERFORMANCE IN RESPONSE TO A CHALLENGE OR YOUR PARTICIPATION IN ANY CONDUCT IN RESPONSE TO OR IN REACTION TO ANY CHALLENGE OR USER CONTENT THAT APPEARS ON THE SERVICE OR SITE, OR IN IMITATION OF ANY CONDUCT DEPICTED ON THE SERVICE OR SITE. THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIREY WITH YOU; IN EACH CASE EVEN IF CHALLENGESTAR HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
NO PRE-SCREENING OR REGULAR SCREENING OF USER CONTENT
You agree to indemnify and hold ChallengeStarTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers harmless from any claim or demand, including reasonable attorney fees and court costs, related to or in connection with (i) the use of the Service or Site or the Internet or your placement or transmission of any message or information on this Service or Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Content that you provide to ChallengeStarTM; (vi) any claim of damages that arise as a result of issuance and/or performance of a Challenge or (vii) any other party’s access and use of the Service or Site with your username, password or other appropriate security code.
- You are solely responsible for your interactions with other users of the Service or Site and any other parties with whom you interact through the Service and/or the Site. ChallengeStarTM reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users of the Service or Site, you release ChallengeStarTM and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of a Challenge.
- For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
- You acknowledge that the rights granted and obligations made under these Terms of Service to ChallengeStarTM are of a unique and irreplaceable nature, the loss of which shall irreparably harm ChallengeStarTM and which cannot be replaced by monetary damages alone. Accordingly, ChallengeStarTM shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service, Site, or any content or other material used or displayed through the Service or Site and agree to limit your claims to claims for monetary damages.
TERMINATION OF SERVICE OR SITE
The Service and Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service and Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site, Service, or the collective work, and/or copying or reproducing the Site, Service, or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ChallengeStarTM. You further agree not to reproduce, duplicate or copy Content from the Service or Site without the express written consent of ChallengeStarTM, and agree to abide by any and all copyright notices displayed on the Service and Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service and Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service and Site.
Although ChallengeStarTM does not claim ownership of content that its users post, by posting User Content to any public area of the Service or Site, you automatically grant, and you represent and warrant that you have the right to grant, to ChallengeStarTM an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and derivative works, and distribute your User Content for any purpose, commercial, advertising, or otherwise, in any media or distribution method (now known or later developed). You represent and warrant that ChallengeStarTM is free to use the User Content, and implement any suggestions contained therein, if it so desires, as provided or as modified by ChallengeStarTM, without obtaining permission or license from any third party and without any compensation to you. Furthermore, by posting Content to any public area of the Service or Site, you automatically grant ChallengeStarTM all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Site by any party for any purpose.
If any provision of the Terms of Service is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
- Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ChallengeStarTM shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of ChallengeStarTM.
- ChallengeStarTM shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ChallengeStarTM, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ChallengeStar’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.