These Terms of Service (“Terms”) are between you and our site Challengebeat.com and any videos, live videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by the users that share the challenge with you. You should only provide Content that you are comfortable sharing with those users.
The Services that Challengebeat provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Challengebeat may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
If you create a Challengebeat account, you will provide us with certain information that can be used to identify you, such as your name or email address ("Personally Identifiable Information" or "PII"). If you create a Challengebeat account using your login credentials from one of your social networking service accounts ("SNS Account"), we'll be able to access and collect your name and other PII that your privacy settings on the SNS Account permit us to access. If you create a Challengebeat account through one of your SNS Accounts, we may also collect your gender, date of birth, zip code and other information that is not considered PII because it cannot be used by itself to identify you.
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate our Services. In addition, we may use your information to send you information about our Services, respond to your requests and facilitate your use of the Services. We may also use your information to send you e-mails and materials that directly promote our Services.
We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and Apps, by redirecting clicks or through other means. We do this to help improve our Services, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Like many websites, we use "Cookie" technology to collect additional information, including website usage data, and to improve our Services. A Cookie is a small data file that is placed on your computer's hard disk by a Web server when you access our Services. Challengebeat may use both session Cookies and persistent Cookies to identify that you've logged in to the Services, to better understand how you interact with our Services, to monitor aggregate usage and web traffic routing on our Services, to customize and improve our Services and to identify if you are logged to a SNS Account. Unlike persistent cookies, session Cookies are deleted when you log off from the Services and close your browser. Most Internet browsers automatically accept Cookies. If you do not want cookies from Challengebeat or other websites, you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable Cookies.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Challengebeat account. Challengebeat cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly or privately posted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Challengebeat be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
We may offer you the opportunity to invite your friends or contacts to enjoy the Services. If you choose to invite one or more of your friends or contacts using Emails, we may suggest content for the message. If you do choose to send such invitations, you represent to Challengebeat.com that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Challengebeat needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. Challengebeat will not be responsible or liable for any use of your Content by Challengebeat in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Challengebeat on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with these Terms, Challengebeat grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
You may NOT post Content that:
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
Promotes discrimination, hatred or harm against any individual or group;
Is a direct and specific threat of violence to others;
Is defamatory, obscene or pornographic;
Is furtherance of illegal activities; or
Is harassing, abusive, or constitutes spam.
You may not do any of the following while accessing or using the Services:
access, tamper with, or use non-public areas of the Services, Challengebeat computer systems, or the technical delivery systems of Challengebeat providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Challengebeat (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Challengebeat (NOTE: scraping the Services without the prior consent of Challengebeat is expressly prohibited);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
use, display, mirror or frame the Services or any individual element within the Services, Challengebeat's name, any Challengebeat trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Challengebeat express written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Challengebeat or any of Challengebeat's providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Challengebeat or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing a Challengebeat trademark, logo URL or product name without Challengebeat express written consent;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Challengebeat respects copyright law and expects its users to do the same. It is Challengebeat's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Terms will continue to apply until terminated by either you or Challengebeat as follows.
You may end your legal agreement with Challengebeat at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact support[at]challengebeat.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.
Nothing in this section shall affect Challengebeat's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
You will indemnify and hold harmless Challengebeat and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.