ChallengePost

The purpose of this website, www.challengepost.com, owned and operated by ChallengePost, Inc. (“ChallengePost”), a Delaware corporation, and other affiliated websites (collectively referred to as the “Site”) is to let people create challenges and pool resources, including money and appreciation, in order to motivate others to solve a challenge (the “Service”). The Site is accessed by you under the following terms and conditions:

Acceptance of Agreement

By using and/or visiting the Site, you agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) and accompanying Privacy Policy. If you do not agree to these terms, you should not use the Site.

ChallengePost currently does not knowingly accept registrations from, or knowingly collect information from, children under thirteen years old. If you are under age thirteen, please do not attempt to register for ChallengePost or provide any personal information about yourself to us.

Modification of Agreement

We may revise these Terms of Service at any time by posting an update to this page. Your continued use of our Site after we have posted changes to these Terms of Service means that you agree to be bound by the changes, so please check the Terms of Service regularly for any changes.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that ChallengePost is capable of finding and verifying its existence.
  3. Contact information about the notifying party (“Notifying Party”), including name, address, telephone number and email address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. The Notifying Party’s physical or electronic signature.
    ChallengePost’s designated Copyright Agent to receive notifications of claimed infringement is:
    Copyright Agent
    ChallengePost, Inc.
    425 West 13th Street, Suite 504
    New York, NY 10014
    email: support@challengepost.com

User Responsibility for User Content

You understand that all postings, messages, text, files, photos, video, sounds, or other materials (collectively referred to as the “User Content”) posted on , transmitted through, or linked from the Site, are the sole responsibility of the person from whom such User Content originated. You understand that ChallengePost does not control, and is not responsible for User Content made available through the Site, and that by using the Site, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. ChallengePost makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any User Content.

ChallengePost does not and cannot review all User Content or other communications and materials posted to or created by users accessing the 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 site, ChallengePost 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 Site. However, ChallengePost 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 or (d) offensive or otherwise unacceptable to ChallengePost in its sole discretion.

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.

Except as provided below with respect to Challenge Submissions, you hereby grant to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license (with the right to sublicense) 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 ChallengePost is free to use the User Content, and implement any suggestions contained therein, if it so desires, as provided or as modified by ChallengePost, without obtaining permission or license from any third party and without any compensation to you.

User Content that you submit as a submission to a challenge is referred to herein as a “Challenge Submission.” Each challenge may have its own terms relating to the handling of the intellectual property and other rights in your Challenge Submissions, and any such terms take precedence over these general terms relating to User Content. However, if there are no terms relating to the handling of intellectual property rights in the applicable challenge’s rules, then these terms relating to User Content in general shall apply.

By submitting any User Content, including, without limitation, Challenge Submissions, to or through our Site, you represent and warrant that such User Content (a) does not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; and (b) is not libelous or otherwise unlawful, abusive, or obscene.

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.

Code of Conduct

You agree not to use the Site in a manner that, or post or make available content that:

  1. is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, harmful to minors in any way, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
  2. violates federal, state, or local laws;
  3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or violates any contractual or fiduciary obligation;
  4. impersonates any person or entity, including, but not limited to a ChallengePost employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
  5. constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  6. contains software viruses, worms, 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;
  7. disrupts the normal flow of dialogue with an excessive amount of content to the Site, or that otherwise negatively affects other users’ ability to use the Site; or
  8. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site.

Violation of any of these agreements may result in the termination of your ChallengePost account at our sole discretion.

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is submitted to the Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Termination

ChallengePost reserves the right in its sole discretion to refuse, suspend, or terminate your access to our Site, any portion of our Site, and/or the Service, without notice.

Links to Third Party Web Sites

Our Site may contain links to third party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.

Privacy

Please review our Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.

Our Content

Our Site contains various information in the form of data, text, graphics, and other materials from ChallengePost and our third party licensors (the “ChallengePost Content”). You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the ChallengePost Content is and shall remain the property of ChallengePost or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the ChallengePost Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any ChallengePost Content, in whole or in part.

The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on our Site are registered and unregistered trademarks of ours or our licensors. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ChallengePost and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Trademarks used and displayed on our Site are and shall remain the sole property of us or their respective owners. Nothing in these Terms of Service shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our Site. The misuse of the Trademarks displayed on our Site, or any other ChallengePost Content on our Site, is strictly prohibited.

Indemnity

You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with (i) your access to or other use of our Site or Service; (ii) a dispute with another user of our Site; (iii) your breach of these Terms of Service; (iv) your violation of any law or the rights of any third party, including intellectual property rights; or (v) your User Content.

Fees and Payments

Parts of the Service may require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Service that you select. ChallengePost reserves the right to change its pricing and to institute new charges at any time.

Warranty

ChallengePost has no special relationship with or fiduciary duty to you. You acknowledge that ChallengePost has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the User Content or ChallengePost Content may have on the users; how users may interpret the User Content or ChallengePost Content; or what actions users may take as a result of having been exposed to the User Content or ChallengePost Content.

Although ChallengePost and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither ChallengePost nor the Site is responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content.

THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CHALLENGEPOST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, OR ANY SOFTWARE, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE, THE SERVICES, OR ANY SOFTWARE WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, © BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT ALLOWED BY LAW, CHALLENGEPOST DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT CHALLENGEPOST IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY USERS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Damages

UNDER NO CIRCUMSTANCES WILL CHALLENGEPOST BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL CHALLENGEPOST BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THESE TERMS OF SERVICE.

Liability

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against ChallengePost and its employees and agents from any and all liability 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 Site or the Service.

Severability

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.

Exercise

The failure of ChallengePost to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

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, as the ChallengePost Site is not intended for children under thirteen. If you are under thirteen years of age, then please do not use the ChallengePost Site. (Although ChallengePost does not knowingly accept registrations from users under the age of thirteen, minors can still enter and win contests by having their parents or guardians register for ChallengePost on their behalf.)

International Use

The Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site and/or providing us with any information, you consent to this transfer.

Jurisdiction

These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and ChallengePost that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Delaware. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Additional Terms Relating to Challenges; Order of Precedence; Entire Agreement

Additional terms and conditions may apply to specific challenges, which terms are made part of these Terms of Service by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted or emailed for, or applicable to, a specific challenge, the latter terms shall control with respect to that challenge only. These Terms of Service constitute the entire agreement between you and us with respect to our Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site.

We hope that you find our Site helpful and convenient to use. Questions or comments regarding our Site, including any reports of non-functioning links, should be submitted using our email address at support@challengepost.com , or via U.S. mail to 425 West 13th St, Suite 504, New York NY 10014.

Last Updated: March 24, 2011