Chalenj Terms of Use

 

To all users:

These Terms of Use govern your use of Chalenj and provides information about the Chalenj Service (Service/Services), outlined below. When you create a Chalenj account or use Chalenj, you agree to these terms. In order to use the Service, you may be required to create an account and may have to pay a license or subscription fee.

Registration: Parts of the Services require registration in order to access and/or use. By using the Services, you represent that you are of legal age to acquire the goods/services you are seeking through the Website. By registering as a subscriber to the Service(s) or completing any other registration, you are legally representing that to the best of your knowledge and belief, your registration information is truthful, accurate, and complete.

Right to Refuse Your Registration: We retain sole discretion in determining whether to accept or refuse your request for a registration to Chalenj without the need to provide explanation. Chalenj has no liability whatsoever for such refusal.

No Liability for Access by Minors: Chalenj is not responsible for determining the age of its users and has no liability whatsoever should a minor use the Service, regardless of whether the minor’s use of the Service would otherwise be prohibited due to the minor’s age.

 

The Chalenj Service

We agree to provide you with the Chalenj Service. The Service includes all of the Chalenj features, applications, services, technologies, and software that we provide for Authors to share content to challenge an End User to achieve a desired outcome. The Service is made up of the following (the Service):

  • Author a Chalenj
    Authors use the Chalenj software or a Chalenj consultant to put their content into the form of a Chalenj that they then can deploy to an End User audience or publicly for anyone to view and attempt.
  • End User

End users will be invited to attempt a Chalenj or may view and attempt a public Chalenj.

  • Fostering a positive, inclusive, and safe environment.
    We develop and use tools and offer resources to our users that help to make their experiences positive and inclusive. We work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We may share information about misuse or harmful content with law enforcement. Learn more in the Data Policy.
  • Developing and using technologies that help us consistently serve our growing community.
    Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service for a broad global community. Automated technologies also help us ensure the functionality and integrity of our Service.
  • Ensuring a stable infrastructure for our Service.
    To provide our Service, we must store and transfer data across systems around North America and possibly the world. Most likely this will be outside of your country of residence.

 

Data Policy

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information. It explains the ways you can control your information, including the Chalenj Privacy and Security Settings. You must agree to the Data Policy to use Chalenj.

 

Who Can Use Chalenj?

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. You need to commit to a few restrictions in order to be part of the Chalenj community.

  • You must be at least 13 years old.
  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

 

How You Can’t Use Chalenj.

  • You can’t impersonate others or provide inaccurate information.
    You don’t have to disclose your identity on Chalenj, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
  • You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can’t violate (or help or encourage others to violate) these Terms or our policies. Please report poor conduct or content.
  • You can’t do anything to interfere with or impair the intended operation of the Service.
  • You can’t attempt to create accounts or access or collect information in unauthorized ways.
    This includes creating accounts or collecting information in an automated way without our express permission.
  • You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
  • You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
  • You can’t use a domain name or URL in your username without our prior written consent.

 

Permissions You Give to Us.

As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content that you post on or through the Service, but you grant us a license to use it. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account.
  • You give us permission to show your username and profile picture on the Chalenj platform, when applicable, without any compensation to you.

 

Additional Rights We Retain

  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  • You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

 

Content Removal and Disabling or Terminating Your Account

  • We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law.
  • Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and all points below will still apply even after your account is terminated or deleted.

 

Our Agreement.

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.
  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
  • We reserve all rights not expressly granted to you.

 

Rights Under this Agreement.

  • This agreement does not give rights to any third parties.
  • You cannot transfer your rights or obligations under this agreement without our consent.
  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

 

Responsible Parties

Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time.

TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  • We don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
  • Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

 

Disputes.

  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Chalenj (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Chalenj users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

  • Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury. The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Chalenj account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Chalenj LLC. ATTN: Chalenj Arbitration Opt-out, 1400 Picardy Lane, Hoffman Estates, IL 60192.
  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Chalenj account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Chalenj LLC., ATTN: Chalenj Arbitration Filing, 1400 Picardy Lane, Hoffman Estates, IL 60192. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Chalenj account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
  • We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $50,000 and you timely provide us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for Northern Illinois or a state court located in Cook County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
  • The laws of the State of Illinois, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

We appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

 

Chalenj Guidelines

By using Chalenj, you agree to these guidelines and our Terms of Use. Overstepping these boundaries may result in deleted content, disabled accounts, or other restrictions.

  • Share only content, photos and videos that you’ve taken or have the right to share.
    As always, you own the content you post on Chalenj. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post.
  • Follow the law.
    Chalenj is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling illegal or prescription drugs (even if legal in your region) are also not allowed. Accounts promoting online gambling, online real money games of skill or online lotteries are not permitted.
  • Respect other members of the Chalenj community.
    We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages.
  • Be thoughtful when posting content related to newsworthy events.
    Because so many different people and age groups use Chalenj, we may remove videos of intense, graphic violence to make sure Chalenj stays appropriate for everyone. We understand that people often share this kind of content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence. Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.

 

Help monitor these terms on the platform:

  • If you see something that you think may violate our guidelines, please help us by reporting it via our “Contact Us” page. We will review reports and work as quickly as possible to remove content that doesn’t meet our guidelines. Even if you or someone you know doesn’t have a Chalenj account, you can still file a report. When you complete the report, try to provide as much information as possible, such as Chalenj name, Chalenj author name, links and descriptions of the content, so we can find and review it quickly. We may remove entire Chalenjs if either the imagery or associated content violates our guidelines.
  • You may find content you don’t like, but doesn’t violate the Community Guidelines. If that happens, you can choose not to engage in such a Chalenj.
  • If you believe someone is violating your trademark, you can report it via our “Contact Us” page. Don’t target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment.
  • We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.

 

Updating Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.