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:
- Unauthorized penetration into the computer and information
system of the state affair, national defense or high-tech
departments of the state;
- 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;
- 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:
- 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;
- Stealing or disclosing the national or military secrets on the
Internet;
- Instigating inter-ethnic enmity or prejudice, or disrupting
ethnic unity on the Internet; and
- 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:
- Selling fake or shoddy goods on the Internet or making false or
misleading propaganda of commodities on the Internet;
- Hurting others' commercial fame or reputation of products on
the Internet;
- Infringing upon others' intellectual property rights on the
Internet;
- Compiling and distributing false information on the Internet to
affect securities or futures transactions or disrupt order of the
financial markets; and
- 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:
- Insulting others or drawing up slanders against others on the
Internet;
- 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
- 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..