Effective July 1st, 2011
The LevelCrafter software is purchsed as-is, as it is in a constant state of development. You may find and report bugs in the software (which some members enjoy!) For no additional cost, you will receive all subsequent updates to the LevelCrafter software. However, updates are a bonus and not guaranteed. ChallengeYou.com or the LevelCrafter software could be discontinued at any time. But, we hope to be doing this a long time!
The LevelCrafter software is for your sole use and not to be distributed. Feel free to make videos, websites, songs, or poems about LevelCrafter and ChallengeYou as long as they don't appear to be officially endorsed by ChallengeYou.com or Ingenion, LLC.
ChallengeYou is an online service that allows you to publish customized and personal content to the general public as well as view content created by ChallengeYou and other Members. The services offered by ChallengeYou.com ("ChallengeYou.com" or "we") include the ChallengeYou.com website (the "ChallengeYou Website"), the LevelCrafter game editor, and any other features, content, or applications offered from time to time by ChallengeYou.com in connection with the ChallengeYou Website (collectively, the "ChallengeYou Services"). The ChallengeYou Services are hosted in the U.S.
ChallengeYou may modify this Agreement from time to time and such modification shall be effective upon posting by ChallengeYou on the ChallengeYou Website. You agree to be bound to any changes to this Agreement when you use the ChallengeYou Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information that you post on ChallengeYou.com and provide to other Users. Do not provide telephone numbers, street addresses, last names. ChallengeYou.com assumes no responsibility or liability for this information.
ChallengeYou.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the ChallengeYou Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the ChallengeYou Services is void where prohibited. By using the ChallengeYou Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the ChallengeYou Services does not violate any applicable law or regulation. Only Members aged 13 and older are eligible for prizes offered by ChallengeYou.
- Term. This Agreement shall remain in full force and effect while you use the ChallengeYou Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. ChallengeYou.com may terminate your Membership at any time, without warning.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ChallengeYou.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The ChallengeYou Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ChallengeYou.com. Illegal and/or unauthorized use of the ChallengeYou Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ChallengeYou Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ChallengeYou Services.
- Content Posted. 1. ChallengeYou.com may delete any Content that in the sole judgment of ChallengeYou.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person - RULES -. ChallengeYou.com assumes no responsibility for monitoring the ChallengeYou Services for inappropriate Content or conduct. If at any time ChallengeYou.com chooses, in its sole discretion, to monitor the ChallengeYou Services, ChallengeYou.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 2. You are solely responsible for the Content that you post on or through any of the ChallengeYou Services, and any material or information that you transmit to other Members and for your interactions with other Users. ChallengeYou.com does not endorse and has no control over the Content. Content is not necessarily reviewed by ChallengeYou.com prior to posting and does not necessarily reflect the opinions or policies of ChallengeYou.com. ChallengeYou.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Proprietary Rights. Member does not own any content created using the ChallengeYou website. While you can create or modify content maintained in your account, this in no way implies ownership of such content.
- Member Disputes. You are solely responsible for your interactions with other ChallengeYou.com Members. ChallengeYou.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. ChallengeYou.com is not responsible for any incorrect or inaccurate Content posted on the ChallengeYou Website or in connection with the ChallengeYou Services, whether caused by Users of the ChallengeYou Services or by any of the equipment or programming associated with or utilized in the ChallengeYou Services. ChallengeYou.com is not responsible for the conduct, whether online or offline, of any User of the ChallengeYou Services. ChallengeYou.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ChallengeYou.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ChallengeYou Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ChallengeYou Services. Under no circumstances shall ChallengeYou.com be responsible for any loss or damage, including personal injury or death, resulting from use of the ChallengeYou Services, attendance at a ChallengeYou.com event, from any Content posted on or through the ChallengeYou Services, or from the conduct of any Users of the ChallengeYou Services, whether online or offline. The ChallengeYou Services are provided "AS-IS" and as available and ChallengeYou.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ChallengeYou.com cannot guarantee and does not promise any specific results from use of the ChallengeYou Services.
- Limitation on Liability. IN NO EVENT SHALL CHALLENGEYOU.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CHALLENGEYOU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHALLENGEYOU.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHALLENGEYOU.COM FOR THE CHALLENGEYOU SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the ChallengeYou Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the ChallengeYou Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the ChallengeYou Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions.
- Indemnity. You agree to indemnify and hold ChallengeYou.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ChallengeYou Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the ChallengeYou Website or through the ChallengeYou Services causes ChallengeYou.com to be liable to another.