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This agreement is between you and ChallengeNet Incorporated and its Officials (http://www.challengenet.net, http://challengenet.net). This document is legal and binding upon your registration and/or use of this website (hereby known as the "website" or the "service"). ChallengeNet Incorporated will herein be refered to as "ChallengeNet". The term "ChallengeNet.net Officials" refers to the official representatives and owners of ChallengeNet.net. You acknowledge and agree that you understand these terms as they have been outlined above. 1. General. 1.1 This Agreement governs your use of the ChallengeNet.net online information service, including interactive chat and discussion areas (the "Interactive Areas"), which are available on the website. In addition to the agreement set forth below, terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement together with any such additional terms and conditions, are referred to as this "Agreement." 1.2 The ChallengeNet.net Officials hereby reserve the right, in their sole discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by the ChallengeNet.net Officials as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service and the Interactive Areas, and inform the ChallengeNet.net Officials, so your account may be terminated. 2. Use of Content. 2.1 You acknowledge that the Service contains or may contain information, software, photographs, audio and video clips, graphics, and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of ChallengeNet Incorporated or third parties. All Content on the Service is copyrighted as a collective work of ChallengeNet Incorporated pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use. 2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements, video etc.), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to the ChallengeNet.net Officials the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose (including commercial exploitation) any Content that you place on the Service. You represent and warrant that you are authorized to grant all rights given in the preceding sentence. 3. Rules of Conduct. You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any External Sites (defined in section 5.2) that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join or use competitive online services. 4. Managing Content. The ChallengeNet.net Officials make reasonable efforts to review the Content posted by users on the Service. However, the ChallengeNet.net Officials are not responsible for such Content. The ChallengeNet.net Officials reserve the right to delete, move or edit any Content (including Content posted in any Interactive Area) that comes to the attention of the ChallengeNet.net Officials which they determine, in their sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. The ChallengeNet.net Officials shall have the right, but not the obligation, to correct any errors or omissions in any Content, as they may determine in their sole discretion. 5. No Endorsement. 5.1 The ChallengeNet.net Officials do not represent or endorse the accuracy or reliability of any Content posted on any part of the site and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not necessarily represent the views of the ChallengeNet.net Officials. 5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that the ChallengeNet.net Officials arenot responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. 6. Indemnity. You agree to indemnify, defend and hold the ChallengeNet.net Officials, their affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "ChallengeNet.net Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any ChallengeNet.net Party or ChallengeNet.net Parties in connection with any claim arising out of any use or alleged use of your password or online persona by any person, whether or not authorized by you. The ChallengeNet.net Officials reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the ChallengeNet.net Officials' defense of such claim. 7. Termination of Service. The ChallengeNet.net Officials reserve the right, in their sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. The ChallengeNet.net Officials may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content (including the Interactive Areas), without prior notice or liability. 8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. 8.1 NEITHER the ChallengeNet.net Officials NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES the ChallengeNet.net Officials, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF the ChallengeNet.net Officials, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER the ChallengeNet.net Officials NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES THAT MAY BE DOWNOADED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. 8.2 NEITHER the ChallengeNet.net Officials, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF the ChallengeNet.net Officials, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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