Terms of Service

 

       1. Your relationship with ChallenJam

1.1 Your use of the ChallenJam website (the "Website") and any ChallenJam products, channels, software, data feeds and services provided to you on or from or through the Website by ChallenJam (collectively the "Services") is subject to the terms of a legal agreement between you and The ChallenJam Team.

1.2 Your legal agreement with ChallenJam Team is made up of (A) the terms and conditions set out in this document, (B) ChallenJam 's Privacy Policy (collectively called the "Terms").

1.3 By simply using our Services, you accept the Terms, and this activity forms a legally binding agreement between you and ChallenJam Team in relation to your use of the Services. Adults are fully responsible for all their activities regarding the use of the Services. Children need parental supervision while using the Services. Parents or supervisors are fully responsible for their Childrens’ activities related to the use of the Services. It is important that you take the time to read the Terms carefully.

1.4 The Terms apply to all users of the Services, including users who are also contributors of Content, on the Services.

 

Definitions of the Terms

In this Agreement unless the context clearly indicates otherwise:

Services/ ChallenJam Services: shall mean The ChallenJam Team's internet system on the Website (s) and/or on Mobile Application (s), including related services and activities, all as offered and listed on various Website (s) and/or on Mobile Application (s);

Website shall mean any website or mobile application, owned, operated, affiliated or hosted by The ChallenJam Team and any program or data file or any other content derived there from, that is required to be accessed or otherwise utilized by you enabling you to participate in the ChallenJam activities

Terms shall mean ChallenJam 's Terms of Service document and Privacy Policy

Us, We or Our           shall refer to The ChallenJam Team.

You, Your or User shall refer to the user of ChallenJam Services.

"Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Services.

Content/ post shall mean videos, audiovisual combinations, interactive features, images, pictures, text, scripts, graphics, photos, sounds, music, animations, and other materials you may view on, access through or contribute to the Services.

User shall mean any person visiting the Website.

Challenger shall mean an adult person or a child with parental supervision holding a valid Challenger Account with The ChallenJam Team for the purpose of participating in Challenges;

Challenger Account shall mean a personal account opened by an individual, solely for such individual, and maintained by Us to enable that person to use the ChallenJam Services;

User Name and Password shall mean the Username and Password which you choose when You register to use ChallenJam Services.

 

        2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You must not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by simply using the Services. You understand and agree that ChallenJam Team will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not legally able to form a binding contract with ChallenJam, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

2.4 You should print off or save a local copy of the Terms for your records.

 

       3. Intellectual Property Rights

3.1 For the avoidance of any doubt, The ChallenJam Team or one of its companies or licensors is the owner or licensee of the copyright, trademarks and other intellectual property rights of the ChallenJam softwares, and applications offered via ChallenJam Services.

3.2 With the exception of Content submitted to the Services by you, all other Content on the Services is either owned by or licensed to ChallenJam Team, and is subject to copyright, trade mark rights, and other intellectual property rights of ChallenJam Team or ChallenJam Team's licensors. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of ChallenJam Team or, where applicable, ChallenJam Team's licensors. ChallenJam Team and its licensors reserve all rights not expressly granted in and to their Content.

3.3 Challengers acknowledge and agree that they are only permitted to use ChallenJam Services as expressly set out in this Agreement and such Challengers obtain no rights in the Site and Mobile Content, or any part thereof.

3.4 All content and use of ChallenJam Services is for your personal, non-commercial use only. All other use is strictly prohibited and You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any prohibited activities.

 

       4. Use of Challenger Accounts

In order to use ChallenJam Services you will have to open a Challenger Account which will constitute Your ChallenJam Team identification thereafter for as long as You use ChallenJam Services.

4.1.You are responsible for maintaining the confidentiality of Your Challenger Account including Your Username and Password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Challenger Account. You must keep Your Username and Password confidential and You should not disclose them to any other individual. In order to keep Your Password and Username confidential, You should follow these security tips:

  • Never write or otherwise record Your Username or Password in a way that can be understood by someone else.
  • Never divulge Your Username and Password to any other individual.
  • Avoid Username and Password details that may be easy to guess such as birthdays/telephone numbers, spouses and/or children's names, etc.
  • Inform us immediately of any unauthorized access to Your Challenger Account or any suspicion that someone else knows Your Username and Password.

4.2. You shall be solely responsible for all transactions conducted in relation to your Challenger Account using your Username and Password. Every person who identifies himself/herself by entering Your correct Username and Password is assumed by Us to be You and all transactions where the Username and Password have been entered correctly will be regarded as valid and authorized by You.

4.3.The ChallenJam Team retains full authority over the issuing, maintenance, and closing of Challenger Accounts. The decision of The ChallenJam Team management as regards any aspect of an User's Challenger Account and use of ChallenJam Services is final.

4.4. It is your responsibility to make sure that you read and understand all the rules and procedures of the ChallenJam activities on the Website prior to participating any of them.

4.5 You may close Your account at any time.

 

       5. Content

5.1 As a ChallenJam account holder you may submit Content. You understand that whether or not Content is published, ChallenJam Team does not guarantee any confidentiality with respect to Content.

5.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to ChallenJam Team and other users of the Services. These are described in paragraph 6 of these Terms (Rights you licence).

5.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. ChallenJam Team expressly disclaims any and all liability in connection with Content.

5.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable ChallenJam Team to use your Content for the purposes of the provision of the Services by ChallenJam Team, and otherwise to use your Content in the manner contemplated by the Services and these Terms.

5.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for ChallenJam Team to use or possess in connection with the provision of the Services.

5.6 Strictly prohibited content includes but not limited to:

  • Sexually explicit content like pornography
  • Unwanted sexualization, sexual harassment or sexual bullying
  • Violent or gory content that’s intended to be shocking, sensational or disrespectful
  • Posts that incite others to commit acts of violence, harassment, or encourage dangerous or illegal activities
  • Hate speech that promotes violence or hatred against individuals or groups
  • Post revealing someone’s personal information
  • Post made for humiliating someone
  • large amounts of untargeted, unwanted, or repetitive content

5.7 You agree that Content you submit to the Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant ChallenJam Team the licence referred to in paragraph 6.1 below.

5.8 On becoming aware of any potential violation of these Terms, ChallenJam Team reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a Challenger's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

5.9 You further understand and acknowledge that in using the Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ChallenJam Team with respect to any such Content.

 

       6. Rights you licence

6.1 When you upload or post Content to ChallenJam Website, you grant:

  1. to ChallenJam Team, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services and otherwise in connection with the provision of the Services and ChallenJam Team's business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
  2. to each User of the Services, a worldwide, non-exclusive, royalty-free licence to access your Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Services and under these Terms.

6.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you as perpetual and irrevocable.

 

       7. Links from ChallenJam Team

7.1 The Services may include hyperlinks to other web sites that are not owned or controlled by ChallenJam Team. ChallenJam Team has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

7.2 You acknowledge and agree that ChallenJam Team is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

7.3 You acknowledge and agree that ChallenJam Team is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

7.4 ChallenJam Team encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

 

       8.Security Measures

The ChallenJam Team Website is a secured environment which only allows a Challenger to access ChallenJam Services if such Challenger has passed through our secured networks which use state of the art encryption for Username and Password data. You will not be able to access ChallenJam Services without passing through our customer security login process, and any Challenger who bypasses our Website system shall be prosecuted to the full extent of the law.

 

       9.Currency, conditions of ticket purchase and prize payment

9.1 You understand that all financial transactions will be handled by PayPal on Our behalf and by accepting Our Terms You agree to be bound by the User Agreement of PayPal Service.

9.2. You accept that you are entitled to ticket purchase and prize payment only in case of registering on Our Website with one single valid PayPal account on which You are the named account holder. You are responsible for giving Us all mandatory information requested by PayPal to make or accept any payment via PayPal services.

9.3 You note and accept that all purchasing and payment made by You or Us, are calculated in US Dollar.

9.4 You note and accept the fact, that tickets can not be exchanged to currency (US Dollar)

9.5 Your prize payment will be transfered to You, via Your registered PayPal account, within 8 calendar days of the winning.

9.6. You accept full responsibility for maintaining the validity and the confidentiality of Your PayPal Account including Your Username and Password. We take no responsibility for any lost payment, or any other financial loss due to Your invalid or incorrect PayPal account.

9.7 The ChallenJam Team shall not be liable to you for any system failure regarding PayPal services.

 

       10. Exclusion of Warranties

The Services is provided "as is" and ChallenJam Team makes no warranty or representation to you with respect to them.

10.1 In particular ChallenJam Team does not represent or warrant to you that:

  1. your use of the Services will meet your requirements,
  2. your use of the Services will be uninterrupted, timely, secure or free from error,
  3. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
  4. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

10.2 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

 

       11.Limitation of Liability

11.1     Your decision to use ChallenJam Services is made at your own discretion and risk.

11.2     The ChallenJam Team shall not be liable to you for:

  1. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
  2. any loss or damage which may be incurred by you as a result of:
    1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the ChallenJam sites;
    2. any changes which ChallenJam Team may make to the ChallenJam Services, or for any permanent or temporary cessation in the provision of the ChallenJam Services (or any features within the ChallenJam Services);
  • the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the ChallenJam Services;
  1. your failure to provide ChallenJam Team with accurate account information;
  2. your failure to keep your password or ChallenJam Team account details secure and confidential.

11.3 The limitations on ChallenJam Team's liability to you in paragraph 11.2 above shall apply whether or not ChallenJam Team has been advised of or should have been aware of the possibility of any such losses arising.

11.4.    You confirm that We shall not be liable to you or any third party for any modification to, suspension of or discontinuance of The ChallenJam Services.

11.5.    You agree that, in the event that ChallenJam  Services fail to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data,or any other factors beyond Our control:

a.The ChallenJam Team will not be responsible for any loss, including loss of winnings, that may result; and

  1. If any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the ChallenJam Team of the error and shall repay any winnings credited to Your Challenger Account.

 

       12. Taxation

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any prize payment paid to You.

 

       13.Indemnity

13.1 You agree to fully indemnify, defend and hold Us harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Terms by You.  

13.2 In addition to any other remedy available, if you breach any terms or conditions of the Terms, or The ChallenJam Team has reasonable grounds for suspecting that You have breached the terms and conditions of the Terms, in addition to any other remedies available to The ChallenJam Team, Your winnings may be forfeited at the discretion of The ChallenJam Team. Failure to comply with the Terms may also result in disqualification, Challenger Account closure and/or legal action being taken against You.

 

       14.Changes to the Terms

14.1 We reserve the right to amend and make any changes to the Terms and/or to the ChallenJam rules, or any parts thereof, at our sole discretion. We encourage You to visit the ChallenJam website regularly and check the terms and conditions.

14.2. Any use of Our Website will be considered an indication of your awareness and acceptance of such changes made by Us.

14.3. If you disagree with the changes made to the Terms, you should immediately cease all activity in Our Website, close your Challenger Account and request that We unsubscribe you from all correspondence from ChallenJam Services.

The Terms has been updated on 2016.11. 30.

 

       15.Miscellaneous

15.1 Before a prize will be paid on any winning, it must be validated according to the Terms and the rules and procedures set by The ChallenJam Team. We reserve the right to make the sole and final decision as to the ChallenJam's winning status and Our decision will be final, binding and subject to any legal terms not subject to appeal.

15.2 We may, at Our sole discretion, refuse to register and provide a Challenger Account to any individual or close a Challenger Account.

15.3 By signing this Agreement and ticking the appropriate box upon registration You hereby agree to receive any communications or advertising from The ChallenJam Team regarding its ChallenJam Services or products including by electronic mail.

15.4 We reserve the right to suspend, change, modify, add or remove any ChallenJam without any prior notice to Our Challengers and with immediate effect. We shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against The ChallenJam Team in such regard.

15.5 We reserve the right to offer, from time to time, bonuses and/or promotions and special offers and that any such offer will be subject to its own rules and conditions. We reserve the right to withdraw any of these special offers and bonuses at any time.

14.6.The enforceability or validity of any part of the Terms shall not affect the validity and enforceability of the remainder of the Terms.

15.7.The Terms has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of the Terms and the English language version, the meaning of the English language version shall prevail.

15.8. Nothing in the Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.

 

       16. Complaint/Disputes:

If You have a complaint, You can check the below link where you will find all the ways you can contact us: info@challenjam.com

We will use best efforts to resolve a reported matter promptly. Complaints will be escalated internally according to the urgency and nature of the complaint, and once a solution has been identified it will be made known to You immediately.