Grant of Right to Use Services. Provided that you remain in compliance with all terms and conditions hereof, Challenge Builder grants to you a revocable, non-exclusive, non-transferable, non- sublicensable license to use the applicable Services offered from time to time at its Website in the United States. All other rights in and to the Website and Services, including, without limitation, all Challenge Builder Intellectual Property (defined below), including any goodwill associated therewith, are retained by Challenge Builder.
Your Responsibility for Uploaded Material. By uploading any information or material to the Website (collectively, any information or material you upload to the Website, including, without limitation, all text, copy, logos, graphics, videos, and pictures, are referred to herein as the “Uploaded Material”), you are representing to Challenge Builder that you have the right, including the consent of any third party when applicable, to use that Uploaded Material in the manner expected when it is uploaded and that such Uploaded Material is accurate, complete, not misleading, and is only being uploaded for lawful purposes. You may not use the Services (or any components of such Services) to display or otherwise use any material, content, software, or information that contains any of the following, in each case as determined by Challenge Builder in its sole discretion: (a) material that violates local, state, federal, or international laws; (b) any material that violates or infringes in any way the rights, including copyrights, trademark rights, or other intellectual property rights, of Challenge Builder or any third party; (c) hate propaganda; (d) fraudulent material or fraudulent activity; (e) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate; (f) any material that promotes, encourages, or provides instructional information about illegal activities; (g) any software, information, or other material that contains a virus, “Trojan Horse,” or corrupted data; (h) any material that misrepresents your identity or affiliation with any person or that gives the impression that such material emanates from Challenge Builder; or (i) material that advertises or promotes any website, business, or entity that offers or provides services or products that are similar to or competitive with the business of Challenge Builder or the Website.
Grant of Limited License to Use Uploaded Material. By uploading any Uploaded Material on the Website, you hereby grant to Challenge Builder a non-exclusive, sublicensable, worldwide license to use such Uploaded Material in order for Challenge Builder to administer and provide the Services to you and other Users and to promote the Website. The license you provide to Challenge Builder is sublicensable so that Challenge Builder is able to use its licensees, affiliates, and partners to provide services necessary for the provision of its Services.
Challenge Builder’s Intellectual Property Rights and Use. You agree and understand that the Website, the Challenge Builder trade name, and any logos, trademarks, and service marks associated with the Challenge Builder Website (collectively with the Challenge Builder trade name, the “Challenge Builder Marks”), the site name, and all graphic designs, style templates, icons, HTML code, programming code, and other graphic elements incorporated therein, and all right, title, and interest in and to any other intellectual property or proprietary rights, including without limitation all inventions, copyrights, trade secrets, patents, and know-how relating to or comprising the design, function, or operation of the Services, including the Website (collectively, the “Challenge Builder Intellectual Property”), shall be owned exclusively by Challenge Builder. Challenge Builder owns a copyright in the selection, coordination, arrangement, and enhancement of all content included on the Website, as well as any content on the Website that is original to Challenge Builder. You shall have no right, title, or interest in or to the Challenge Builder Intellectual Property and, subject to the limited license granted to you in Section 3 above, you shall have no right to use such Challenge Builder Intellectual Property for any purpose. You may not use the Challenge Builder Marks in any corporate name or in any domain name.
User Disputes. You are solely responsible for your communications and interactions with other Users of the Services. Challenge Builder reserves the right, but has not duty or obligation, to monitor disputes between its Users. Challenge Builder is not liable for any loss or damage resulting from disputes, communications or interactions between its Users.
Fundraiser Challenges. Challenge Organizers will have the ability to create Challenges with the purpose of raising donations for charity (“Fundraiser Challenges”). Users that participate in a Fundraiser Challenge will have the option, but shall not be required as a condition to participation, to donate money to a charitable organization. Any promotional materials and rules uploaded to the Website or otherwise distributed by a Fundraiser Challenge Organizer must conspicuously disclose that donations are optional and are not mandatory as a condition to participation. Fundraiser Challenges may be structured to allow (i) donations to a charity of each Challenge Participant’s choice, (ii) donations to the charity designated in advance by the Challenge Organizer or (iii) donations to the charity chosen by the winner of the Fundraiser Challenge. All donations will be processed and distributed by Network for Good. You acknowledge and understand that Network for Good will deduct a transaction fee from your donation before it is processed. You agree that any donation made as part of a Fundraiser Challenge is a transaction solely between you and Network for Good. Accordingly, you agree that Challenge Builder has no liability, obligation or responsibility with respect to the processing, including for any correspondence or information relating to any payment transaction, or the distribution of such donations. You represent and warrant to Challenge Builder that any Fundraiser Challenge for which you serve as Challenge Organizer is and will at all times be maintained in full compliance with all applicable laws, including, without limitation, commercial co- venture laws.
Challenge Sponsor and Fulfillment. The Challenge Organizer shall at all times be the sole sponsor of a Challenge. You acknowledge and agree that under no circumstances will Challenge Builder be deemed to be a co-sponsor of any Challenge. You further acknowledge and agree that Challenge Builder shall have no liability or obligation to you with respect to fulfillment or award of any prize that may be made available to Challenge Participants unless and solely to the extent expressly provided otherwise in a written agreement between you and Challenge Builder (i.e., an agreement pursuant to which Challenge Builder has agreed to act as a fulfillment company with respect to a specific Challenge for which you are the Challenge Organizer). You further acknowledge and agree that the Challenge Organizer is solely liable and responsible for the compliance with all applicable sweepstakes and promotions laws with respect to Challenges created and managed by such Challenge Organizer and, to the extent you are a Challenge Organizer, you represent and warrant that your Challenge is in full compliance with all applicable laws.
No Warranties. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING NON-INFRINGEMENT OF COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR ANY WARRANTY ARISING
FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CHALLENGE BUILDER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SERVICES ARE COMPUTER-NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO UNAVAILABILITY, OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES, AND DELAY OCCURRENCES. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICES OR THAT THEY WILL SATISFY YOUR NEEDS.
Third-Party Tools and Websites. The Website contains live “links” to other website addresses and resources and utilizes various integrated third-party tools (collectively, the “Third-Party Tools”). These Third-Party Tools are for convenience purposes only, and the inclusion does not imply that Challenge Builder endorses these tools. Such Third-Party Tools contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Challenge Builder. Challenge Builder does not guarantee the accuracy, completeness, timeliness, or quality of information available from the Third-Party Tools. Use of any information from any Third-Party Tools is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy, completeness, timeliness, and quality. Challenge Builder shall not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or the reliance upon, any information, content, goods, or services available on or through any Third-Party Tools, including resources linked to this Website. In addition to the foregoing uses of Third-Party Tools, Challenge Builder may from time to time provide to Users the ability to host Challenges on third-party websites. Should a User choose to host a
Challenge on a third-party website, Challenge Builder shall in no way be responsible for such User’s compliance with any rules, regulations, or policies imposed by such third-party websites. Users shall be solely and completely responsible for ensuring compliance with any third-party website rules, regulations, and policies.
Force Majeure. Challenge Builder shall not be liable for failure to deliver or delay in performance where such failure to deliver or delay is due, in whole or in part, to any cause beyond Challenge Builder’s reasonable control. Further, Challenge Builder will not have any liability for any loss caused by any interruption of telecommunications, utility, Internet-hosting, or network-provider services, software viruses, any software or technology designed to disrupt or delay the Services, act of God, strike or other labor shortage or disturbance, fire, accident, war, terrorist act or civil disturbance, failure of normal sources of supply, act of government, or any other cause beyond the reasonable control of Challenge Builder. In the event of such delay, the time for performance shall be extended by a period of time reasonably necessary to overcome the effect of the delay.
YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES AND/OR VISITING THE WEBSITE.