Website Terms of Use for ViaChallenge.com

Via Challenge and its affiliates ("Via Challenge" or "we") provides its content on this website (the "Site") subject to the following terms and conditions (the "Terms").  By using this website you are indicating your agreement to these Terms.  When using particular Via Challenge services, you agree to abide by any applicable posted guidelines for all Via Challenge services.  We may periodically change the Terms and posted guidelines, so please check back from time to time.   Any changes shall become effective immediately upon the posting thereof.   Your continued use of this website following the posting of any revisions to these Terms will mean you accept those changes. These Terms were last updated on June 7, 2010.

1. Privacy Policy.  For an explanation of Via Challenge's practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.

2. Copyrights. Except as otherwise indicated, this website and all content and functionality on the Site, including, but not limited to, text, graphics, logos, icons, images, software, sound and animation, and the selection and arrangement thereof, is the exclusive property of Via Challenge or its licensors and is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted are reserved.

3. Trademarks. Except as otherwise indicated, the trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Via Challenge and its licensors. You agree that you will not refer to or attribute any information to Via Challenge or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Via Challenge or its licensors.

4. Use of Site Content. Via Challenge hereby grants you a non-exclusive, non-transferable license for the term of your use to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Via Challenge's prior written consent.   Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.

5. Notices of Infringement. We respect the intellectual property of others, and we ask that you do the same. Via Challenge prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.  Repeat infringers will be blocked from accessing the Via Challenge website.

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Via Challenge at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Via Challenge will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. ยง512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Via Challenge's contact for submission of notices under this Section 5 is: Via Challenge, 2903 Ranch Road 620N, Austin, TX, U.S.A or service@viachallenge.com.

6.  Indemnification and Release. By accessing our website, you agree to indemnify us and any parent, subsidiary, sponsor or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary, sponsor or affiliated entities and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of our website including any material (including third-party material) that you post on our website and any services or products available through our website. In addition, you hereby release us and any parent, subsidiary, sponsor or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary, sponsor or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any services or products available at our Web site. You hereby agree to waive all laws that may limit the efficacy of such releases.

7. Disclaimers. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIA CHALLENGE AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE FUNCTIONS CONTINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OF THE SERVER(S) THAT MAKES OUR WEBSITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED STIES WILL BE ACCESSIBLE AT ALL TIME.  WE DO NOT WARRANT THAT SUCH ERRORS, DEFECTS OR INTERRUPTIONS IN SERVICE WILL NOT AFFECT THE RESULTS OF OUR COMPETITIONS, AND WE DISCLAIM ANY RESPONSIBILITY FOR REDUCED PERFORMANCE IN COMPETITIONS DUE TO SUCH PROBLEMS.  AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. VIA CHALLENGE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER VIA CHALLENGE NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

Documents, graphics and other materials appearing at our website may include technical inaccuracies typographical errors, and out-of-date information and use of such documents, graphics or other materials is at your own risk.

8. Third-Party Web Sites. We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by third parties. Via Challenge has no responsibility for these third-party websites, which are governed by the Terms and privacy policies, if any, of the applicable third-party content providers.  We do not control the availability and content of those websites, services or resources, nor do we necessarily review or endorse materials available at or through such other websites.  Viewing other websites or utilizing outside services and resources is done at your own risk.  We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9.  Competitions. In addition to these Terms, Via Challenge may provide specific Official Rules and Regulations and other documentation for certain activities on this website, including without limitation, contests, matches, tournaments or other competitions (collectively "Competitions") conducted by us and those in conjunction with third parties. These Terms are incorporated by reference into the specific Official Rules and Regulations that appear in connection with information about a particular Competition. To the extent that any conflict exists between these Terms and any specific Official Rules and Regulations, the Official Rules and Regulations for that Competition in which you choose to participate shall govern.

10.  User Postings. You retain any rights to ownership in any materials posted, uploaded or otherwise sent to our website by you; Via Challenge will not gain ownership rights to this material. By posting, uploading or otherwise sending any material to us or our website, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce and publish such information into any form, medium or technology, including the right, at Via Challenge's sole discretion, to distribute such information to be published by third parties.

You waive any and all moral rights, including, without limitation, any rights arising under Chapter 7 of the Copyright and Related Rights Act 2000 applicable to European Union residents, and all rights of a similar nature in any jurisdiction in any material, including source code, which you post, upload or otherwise send to Via Challenge or it's website, such waivers being in favor of Via Challenge.

You are also prohibited from posting or otherwise uploading to our website: any material that infringes on any copyright, trademark or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law. You also represent that you have all necessary rights to use any material that you post or otherwise upload to our website.

You are further forbidden from distributing or otherwise publishing any material on our website that contains any solicitation of funds, promotion, employment, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials or other forms of solicitation to other users of this site; harvesting names and e-mail addresses from other users of this site without their permission; soliciting passwords from other users; impersonating other users; or sending viruses or other destructive or expropriating content.

We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity or defamation or to otherwise review or edit such materials as appropriate, in our sole discretion and without notice.

11.  Other Restrictions on Conduct. You are allowed to register with our website only once and you must provide true and accurate registration information. You are prohibited from misrepresenting your registration information or tampering with the registration process.

You agree not to disrupt, modify or interfere with the functioning of our website or any services provided on or through our website or with any associated software, hardware or servers in any way and you agree not to impede or interfere with others' use of our website. This includes your agreement that you will not cheat; that the idea for the challenge(s) submitted by you is yours alone. You also agree not to alter or tamper with any information or materials on, or associated with our website or services provided on or through our website.

We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or other statements made public at our website by users through our Competitions, forums or other interactive services available at our website. Any information or material sent by users to any forums, including advice and opinions, represents the views and is the responsibility of those users and does not necessarily represent our views.

You agree that no impediment exists to you joining the Via Challenge website, and your participation in Via Challenge's website and the Competitions it offers will not interfere with your performance of any other agreement or obligation which has been or will be made with any third party.

12. Provisions Applicable to Chinese Citizens and Expatriates Residing in China

ViaChallenge hereby incorporates into these Terms and Privacy Policy the provisions of China's Decision on Safeguarding the Security of the Internet (the "Decision").

According to Section 1 of the Decision "to ensure operational security of the Internet, the person or organization perpetrating any of the following acts in violation of the criminal law shall be penalized according to the criminal code:

  1. Unauthorized penetration into the computer and information system of the state affair, national defense or high-tech departments of the state;
  2. Intentional composition or dissemination of computer virus or other destructive programs, or attacking the computer system or telecommunication network and resulting in damage or destruction of such computer systems or telecommunication network;
  3. Unauthorized disruption of operation of the computer network or telecommunication service and resulting in malfunction of such network or telecommunication systems in violation of the laws or regulations of the state."

According to Section 2 of the Decision, "to protect national security and social stability, the person or organization perpetrating any of the following ads in violation of the criminal law shall be penalized according to the criminal code:

  1. Disseminating rumor or slander on the Internet, or publishing or diffusing maleficent information to instigate subversion of the state power or socialist system, advocate abruption of the country or harm unity of the country;
  2. Stealing or disclosing the national or military secrets on the Internet;
  3. Instigating inter-ethnic enmity or prejudice, or disrupting ethnic unity on the Internet; and
  4. Establishing or organizing heresies on the Internet and impeding the implementation of laws and regulations of the state."

Section 3 of the Decision also stipulates that "to safeguard the order of the socialist market economy and social stability, the person or organization perpetrating any of the following acts in violation of the criminal law shall be penalized according to the criminal code:

  1. Selling fake or shoddy goods on the Internet or making false or misleading propaganda of commodities on the Internet;
  2. Hurting others' commercial fame or reputation of products on the Internet;
  3. Infringing upon others' intellectual property rights on the Internet;
  4. Compiling and distributing false information on the Internet to affect securities or futures transactions or disrupt order of the financial markets; and
  5. Establishing pornographic web sites or web pages, providing links to pornographic web sites, or disseminating pornographic magazines, films, audio and videos materials or graphics on the Internet."

Section 4 of the Decision stipulates that "to protect the legal rights of personal safety and property of individuals, legal persons and other organizations, the person or organization perpetrating any of the following acts in violation of the criminal law shall be penalized according to the criminal code:

  1. Insulting others or drawing up slanders against others on the Internet;
  2. Illegally intercepting, modifying or deleting others' emails or other database materials and infringing rights of the citizen of freedom and secrets in communicating and letter transmitting; and
  3. Perpetrating theft, fraud, or blackmailing on the Internet."

13. Governing Law; Jurisdiction. These Terms are governed by the laws of the State of Texas without reference to the principles of conflicts of laws thereof.

14.  Severability and Enforceability. If any provision or portion of these Terms is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provision or portion of these Terms.

15.  Termination/Exclusion. Termination/Exclusion. We reserve the right, in our sole discretion, to revoke any and all privileges associated with accessing and/or competing on our website, and to take any other action we deem appropriate including but not limited to terminating or suspending your use of www.viachallenge.com, for no reason or any reason whatsoever, including improper use of this website or failure to comply with these Terms.

16.  General. Our website is not intended for use by children under the age of 13, and children under the age of 13 are not eligible to participate in any Competitions.

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions regarding these Terms, contact us..