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This web page represents a legal document and is the Terms of Service (Agreement) for www.Challengenie.com (and related .biz, .info, .net and .org, collectively, our “Website”) as owned and operated by Challengenie.com, a wholly owned business of In-Site Web Solutions, LLC. This Agreement governs the use ofChallengenieonline at Challengenie.comand on mobile devices (collectively, “Challengenie”).
Please review the following terms carefully.
The terms “us” or “we” or “our” refers to Challengenie, the owner of this Website.
A “Visitor” is someone that merely browses our Website.
A “Member” is someone who has registered with our Website to use our Service. A Member can create a “Profile”, which is an online representation of that Member.
A “User” is a collective identifier that refers to either a “Visitor” or a “Member”.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, are collectively known as our “Content”. We may refer to Content provided by our Members as “Member Content.”
Overview of Our Service
Challengenie offers a comprehensive online service (Service) that allows our Members, to use our Service, to create their own profiles, upload Member Content, interact with other Users, and comment on posts and to blog and post in forums. Our Service includes the use of our media-rich Content, streaming video and audio, and other technologies. Our Terms of Service relates to your legal rights to privacy while using our Website, Content, or Service.
Acceptance of Agreement
This Agreement is between YOU and CHALLENGENIE.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
This Agreement constitutes the entire and only Agreement between you and Challengenie, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, and Service, and the subject matter contained herein. As stated, in order for you to use our Service or purchase our Products, you will also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website, and Service.
Challengenie grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Content, and Service strictly in accordance with this Agreement. Your use of our Website, Service, and Products is solely for the purposes provided in this Agreement. No print out or electronic version of any part of our Website or Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances. This license is available to you as long as you are not barred from Challengenie by applicable law, or your account is not terminated by us or by you. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, and Service provided therein.
Our Relationship to You
Challengenie relationship to you is at all times that of an independent service provider. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Challengenie.
Our Intellectual Property
Our Website may contain our service marks or trademarks, protected in the United States and internationally, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Content, and Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Challengenie.
Our Content, as found within our Website or Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website, Content, and Service does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and email address;
- 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; 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.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Eligibility and Registration for Membership
When you create an account, we require you to provide limited information about you, including your email address and a password (“Account Information”). Once registered, your login and password will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that Challengenie cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
The opinions expressed on our Website are not necessarily the opinions of Challengenie. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice. You understand that our Website and any newsletters or emails you receive from Challengenie or our affiliates may include advertisements, user-contributed materials (blogs and forums), testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website or Service. Furthermore, you understand and agree that Challengenie is no way liable for the content and your reliance on it for any such advertisements, user-contributed materials, testimonials, and opinions.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to our Website, Content, and Service at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website, Content, or Service.
You hereby acknowledge that nothing contained in our Website, Content, and Service shall constitute professional advice and that no professional relationship of any kind is created between you and Challengenie or our Members. You hereby agree that any actions you take, based in whole or in part on anything contained in our Website, Content, or Service, are solely your responsibility and that Challengenie and our Members have no liability for your actions, use, and reliance upon our Website, Content, and Service.
Our Website may contain advertising from our Members and third parties (collectively, “Advertisers”). Advertisers are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY CHALLENGENIE AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SERVICES AND PRODUCTS CONTAINED THEREIN.
Our Website and/or Service may be temporarily unavailable from time to time for maintenance or other reasons. Challengenie 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, Member communications. Challengenie is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Service, including without limitation any software provide through our Website or Service. Under no circumstances will Challengenie be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Content, Service, Products, or for any interactions between Users of our Website or Service, whether online or offline.
Challengenie reserves the right to change any and all Content, software and other items used or contained in our Website or Service, at any time without notice.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, CONTENT, AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CHALLENGENIE, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, CONTENT, or SERVICE. CHALLENGENIE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, OR SERVICE. CHALLENGENIE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICE, OR OUR PRODUCTS, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, OR SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE, CONTENT, OR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CHALLENGENIE. OUR WEBSITE, SERVICE, AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Challengenie, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Content, or Service; (b) the unavailability or interruption of our Website or Service; (c) your use of our Website, Content, or Service; or (d) any delay or failure in performance of our Website or Service.
IN NO EVENT WILL CHALLENGENIE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, OR SERVICE, EVEN IF CHALLENGENIE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO SUBSCRIBE TO CHALLENGENIE YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CHALLENGENIE AND YOU. YOU UNDERSTAND THAT CHALLENGENIE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Use of Information and Member Content
Challengenie may, but is not required to, monitor the content on its site using any means to screen, block, filter, edit or remove content. Challengenie may terminate or suspend users’ accounts or delete, edit or remove content that Challengenie, in its sole discretion, deems illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Users may post their own content to our Website through our Service. Challengenie is not responsible for the monitoring or filtering of any User’s content. Should any User’s content be found illegal, Challengenie will submit all necessary information to the proper authorities.
Users are responsible for complying with all applicable laws for their content, including copyright and trademark laws and should shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
As a User, you agree not to use our Service to do any of the following:
1) upload, post or otherwise transmit any content that:
· violates any local, state, federal, or international laws.
· infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
· harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
· links directly or indirectly to any materials to which you do not have a right to link.
· contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
· 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, or to extract information from our Website or Service.
· contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
· you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
· in the sole judgment of Challengenie, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Service, or which may expose Challengenie, our affiliates, or our Users to any harm or liability of any type.
2) use our Content to:
· develop a competing website.
· create compilations or derivative works as defined under United States copyright laws.
· re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
· decompile, disassemble or reverse engineer our Website, Service, and any related software.
- violate or attempt to violate security features, including accessing content not intended for you, logging into a server or account that you are not authorized to access, or probing, scanning, or testing the vulnerability of Challengenie or associated systems and networks.
· violate this Agreement or any local, state, federal, or international laws.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites and Social Features
Our Website may, from time to time, contain links to third party websites. Additionally, Challengenie may enable social features that allow you to communicate with other users, including social features provided by third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the service, information, content and/or data of such third party websites. Challengenie has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Payments for Service
You represent and warrant that when you pay Challengenie for using our Service or purchasing our Products that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company (collectively, “Payment Source”), (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. You understand that if you fail to make timely payment for using our Service, we reserve the right to suspend your Member account until payment is made. If payment is not made within forty-five (45) days of due date, we may even terminate your Member account.
You understand and agree that Challengenie will bill your Payment Source for your use of our Service on recurring monthly basis on the first of every calendar month. As such, your Payment Source will be charged each month until you cancel our Service. We may, at our sole discretion, send you an email reminding you of the monthly charge to your Payment Source for our Service, but we have no liability to you should we not send such email and/or you not receive it. You understand and agree that we may even charge your Payment Source for our Service while your Member account is suspended. If you wish to cancel your Member account, you must notify us by no later than the 20th of a calendar month to avoid billing for the next calendar month. Challengenie does not offer any refunds, pro-rated or otherwise, for your use of our Service.
While we actively support fighting payment fraud, Challengenie has a zero-tolerance policy regarding payment charge-backs and asks that you contact us if you have an issue with our Service. However, if you start a charge-back process regarding our Service, Challengenie reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back.
Termination/Cancellation of Your Account
For Members, you understand and agree that if you violate any provision of this Agreement, Challengenie may, solely at its discretion, terminate your account. In most cases, if Challengenie does terminate your account, we will send you an email stating that your account is being terminated and why it is being terminated to the email address you have listed in your Profile. However, as explained above, there are several circumstances where you may not receive any notice due to the egregiousness of your actions.
Should you voluntarily wish to cancel your account, you may do so at any time. However, to avoid additional billing to your Payment Source, you must notify us by no later than the 20th of a calendar month to avoid billing for the next calendar month. Also, you understand and agree that when you cancel your account with our Service, you are automatically locked out of your Profile and other member portions of our Website and your access to them are immediately terminated.
You also understand and agree that if your account is terminated/canceled, you will lose your Profile, Member Content, and or other membership information that you have on file at that time and that this information cannot be reclaimed or transferred to another account.
You agree that any actual or threatened breach of the Agreement or infringement of proprietary or other third party rights by you would cause irreparable injury to Challengenie and would therefore entitle Challengenie to injunctive relief without any additional showing of irreparable injury or harm.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Service.
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Website or Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
Challengenie and our Content are not attempts to practice medicine or provide specific medical advice. Use of Challengenie does not establish a doctor-patient relationship. Any health information and links on Challengenie, whether provided by Challengenie or by contract from outside providers, is provided simply for your convenience.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, United States, and shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement does not create or otherwise confer any benefits to any third parties other than Challengenie and you. Challengenie may sell its business without providing prior notice to you. Our rights under this Agreement shall survive any termination of this Agreement.