skip to main navigation

TERMS OF SERVICE

The purpose of this website, www.challengepost.com (the "Site"), owned and operated by ChallengePost, Inc. ("ChallengePost"), a Delaware corporation, is to let people create challenges and pool resources, including money and appreciation, in order to motivate others to solve a challenge (the "Service"). The Site is accessed by you under the following terms and conditions:

Acceptance of Agreement

By using and/or visiting the Site, you agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement"). If you do not agree to these terms, you should not use the Site.

Modification of Agreement

We may revise these Terms of Service at any time by posting an update to this page.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:

  1. Identification of the work or material being infringed
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that ChallengePost is capable of finding and verifying its existence.
  3. Contact information about the notifying party ("Notifying Party"), including name, address, telephone number and email address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty or perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complain on behalf of the copyright owner.
  6. The Notifying Party's physical or electronic signature.

ChallengePost's designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent
ChallengePost, Inc.
425 West 13th Street, Suite 504
New York, NY 10014
email: copyright@challengepost.com

User Responsibility for Content

You understand that all postings, messages, text, files, photos, video, sounds, or other materials ("Content") posted on , transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You understand that ChallengePost does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. ChallengePost make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any third-party website that may be linked to from the Site.

Code of Conduct

You agree not to post or make available content:

  1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, harmful to minors in any way, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
  2. that violates federal, state, or local equal employment opportunity laws;
  3. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  4. that impersonates any person or entity, including, but not limited to a ChallengePost employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
  5. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  6. that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. that disrupts the normal flow of dialogue with an excessive amount of Content to the Site, or that otherwise negatively affects other users' ability to use the Site; or
  8. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site.

Violation of any of these agreements will result in the termination of your ChallengePost account.

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is submitted to the Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Transactions on or through the Site

ChallengePost acts as an intermediary between those who initiate or join a challenge ("Challengers"), the appointed Judge(s) ("Judge") who may or not be a Challenger, and the solver ("Solver") who receives any money pledged (A "Pledge") by the Challengers. After a Judge decides in favor of a successful Solver, the challenge is deemed to be "Solved" and ChallengePost charges user's credit cards or payment accounts, or receives a check, and withdraws deposits for distribution to the Solver, minus a transaction fee of 8% ("Fee"). ChallengePost will distribute the pledged funds to the Solver, minus the Fee, within a reasonable period of time.

A PLEDGE IS NOT A GUARANTEE TO PAY. CHALLENGEPOST CAN NOT GUARANTEE THE COLLECTION OF ALL OF THE PLEDGES DUE TO FAILURES IN CREDIT CARD AUTHORIZATION OR REFUSAL TO PAY.

If a challenge is not deemed to be Solved, ChallengePost will not collect payment or charge any credit cards. Once a challenge is deemed Solved, and ChallengePost transfers funds to the Solver, there will be no refunds, unless in its sole discretion ChallengePost determines that a refund is appropriate and possible. You agree that ChallengePost, Inc. is not responsible for any damage or loss incurred as a result of any such dealings. ChallengePost, Inc. is under no obligation to become involved in disputes between Challengers, Judges, or Solvers, or between Site users and any third party. ChallengePost reserves the right to cancel a challenge and/or remove it from the Site at any time for any reason.

Termination

ChallengePost reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.

Privacy

Please review our Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.

Copyright and Trademark

The Site and all site materials including, but not limited to, the ChallengePost logos, trademarks, designs, text, graphics, images, audio and video clips, software interactive features and other works of authorship and other material, are copyrighted by ChallengePost and are protected by United States and international intellectual property laws.

Indemnity

You will indemnify and hold harmless ChallengePost, its employees, officers, directors, affiliates, parents, subsidiaries, and agents from any claim or demand made by any third party due to or arising out of your use of the Service, including any liability or expense ariding from all claims, losses, damages (actual and consequential), suits, judgements, litigation consts and attorney's fees, of every kind and nature. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Fees and payment

Some of the services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Service that you select. ChallengePost reserves the right to change its pricing and to institute new charges at any time.

Warranty

ChallengePost has no special relationship with or fiduciary duty to you. You acknowledge that ChallengePost has no control over, and no duty to take any action regarding: which users gain access to the SIte; what effects the Content may have on the users; how users may interpret the Content; or what actions users may take as a result of having been exposed to the Content.

ALTHOUGH CHALLENGEPOST AND THE SITE WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER CHALLENGEPOST NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS SUBSCRIBER CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE. YOU ARE STRONGLY URGED TO TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST OR UPLOAD ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR SUBSCRIBER CONTENT.

THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CHALLENGEPOST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT ALLOWED BY LAW, CHALLENGEPOST DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT CHALLENGEPOST IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY SUBSCRIBERS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY SUBSCRIBERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY SUBSCRIBER CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Damages

UNDER NO CIRCUMSTANCES WILL CHALLENGEPOST BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL CHALLENGEPOST BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THESE TERMS OF SERVICE.

Liability

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against ChallengePost and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.

Severability

If any provision of the Terms of Service is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

Exercise

The failure of ChallengePost to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ChallengePost Site is not intended for children under 13. If you are under 13 years of age, then please do not use the ChallengePost Site.

Jurisdiction

These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and ChallengePost that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Delaware.