By signing up for the Equal Challenge service (“Service”) or any of the services of Equal Challenge (“Equal Challenge”), you are entering into an agreement with Equal Challenge, Inc. (“we”) and are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.equalchallenge.com/. Equal Challenge reserves the right to update and change the Terms of Service by posting updates and changes to the Equal Challenge website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Equal Challenge does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Equal Challenge does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
- Equal Challenge does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the Service will be corrected.
- You expressly understand and agree that Equal Challenge shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Equal Challenge or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Equal Challenge.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Equal Challenge customer, Equal Challenge employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the Equal Challenge service. All material you upload remains yours. You can remove your Equal Challenge content at any time by deleting your account. This will also remove all content you have stored on the Service.
- The failure of Equal Challenge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Equal Challenge and govern your use of the Service, superseding any prior agreements between you and Equal Challenge (including, but not limited to, any prior versions of the Terms of Service).
- You retain ownership over all content that you submit to a Equal Challenge account however, by uploading your content and images, you agree to allow others to view them.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- Questions about the Terms of Service should be sent to email@example.com.
- You must be 18 years or older to use this Service.
- You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. Equal Challenge cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Equal Challenge service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws of the United States of America.
- You are responsible for all activity and content (data, graphics, photos, links) uploaded under your Equal Challenge account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of Equal Challenge will result in an immediate termination of your services.
Payment of Fees:
- A valid PayPal account is required for paying accounts.
- While a member of Equal Challenge every 30 days your paypal account will be charged $1 for every player register on the tournament. You may cancel your membership at any time by logging into your PayPal account and cancelling your subscription. You can also email us at firstname.lastname@example.org, and request that we cancel your account.
- Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Cancellation and Termination:
- You may cancel your account at anytime by emailing Equal Challenge support at email@example.com. You are solely responsible for cancelling your account. All accounts automatically renew at the end of each billing cycle unless cancelled by you.
- Equal Challenge may also terminate this Agreement if you do not provide a valid PayPal account for the payment of fees hereunder. If your credit card is invalid, PayPal will notify you and attempt to charge the card again in 72 hours. If your credit card is invalid again, PayPal will notify you once again, and you will have an additional 72 hours to provide PayPal with a new credit card. If the replacement credit card is invalid, the Service may be cancelled and all the information contained within your subsite accessed through the Service may be deleted permanently. Equal Challenge accepts no liability for information that is deleted due to an invalid credit card.
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that you do, in fact, want to cancel your account before doing so.
- We reserve the right to modify or terminate the Equal Challenge service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Equal Challenge may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices:
- Prices for using Equal Challenge are subject to change upon 30 days notice from Equal Challenge. Such notice may be provided at any time by posting the changes to the Equal Challenge Site (equalchallenge.com) or the administration menu of your Equal Challenge account via an announcement.
- Equal Challenge reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
- Equal Challenge shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Equal Challenge EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT. (b) Equal Challenge WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Equal Challenge IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, NON-AVAILABILITY, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Equal Challenge DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Equal Challenge SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Equal Challenge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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