CHALLENGES END USER LICENSE AGREEMENT

Last Updated: 11/10/2017

Welcome to Challenges. This Agreement is between you and the Challenges, Inc. This Agreement governs your access and use of our Mobile Applications (the "Application" or "App"), such as social media and game software offered by Challenges and its subsidiaries ("Challenges") and related updates, upgrades and features as well as online and mobile services, features, content and websites offered by Challenges (collectively "Challenges Services") unless any such update or upgrade is accompanied by a separate license in which case the separate license shall govern.

This EULA governs the software that can operate on an/a a) iPhone, iPod Touch or iPad device or other computing device marketed or manufactured by Apple, Inc. (''iOS platform''); b) device powered by the Android operating system provided by Google, Inc. (''Android platform''); c) device powered by the Windows Phone operating system v. 8.0, v. 8.1 or any newer version if applicable, provided by Microsoft Corporation and software that can operate on your PC device powered by Windows 8.1 or Windows RT 8.1 or any newer version if applicable, provided by Microsoft Corporation (''Windows Platform'') (commonly referred to as the ''platform/s''). This EULA governs different platforms and includes general provisions applicable for all platforms and platform specific provisions, which are all clearly marked as such.

By installing or using the Application, You agree to and wish to be bound by the terms of this EULA, which consist of (commonly referred to as ''Terms''):

  • This license.
  • Challenges Privacy Policy, located online at: Privacy Policy
  • For iOS platform: Licensed Application End User License Agreement ("Standard EULA"), issued by Apple, Inc., which is incorporated into this EULA by reference, whereas for the purposes of this EULA, the "Application" is considered the "Licensed Application" as defined in the Standard EULA and "Challenges" is considered the "Licensor" as defined in the Standard EULA.
  • For Android platform: Android Market "Terms of Service"
  • For Windows platform: Windows Phone Store/Marketplace "Terms of Use"

IF YOU DO NOT AGREE TO THE TERMS, OR DO NOT WISH TO BE BOUND BY THEM, DO NOT INSTALL OR USE THE APPLICATION. If any terms of this EULA conflict with the other Terms, the terms of this EULA shall prevail.

GENERAL PROVISIONS FOR ALL APPLICATIONS

1. Limited License

Through the purchase or use of the App, you are acquiring and we grant You a personal, revocable, limited, non-exclusive, non-sub-licensable, non-transferable license to install and use the Application for Your own non-commercial use subject to the limitations defined in this EULA and the Terms. The Application is being licensed to You and You hereby acknowledge that no title or ownership in the Application is being transferred or assigned to You and this EULA is not to be constructed as a sale of any rights in the Application. Your rights granted herein are subject to Your compliance with this EULA and You agree not to use the Application for any other purpose. Any commercial use is prohibited.

Unless You have received prior written authorization from us, you agree not to:

  • use cheats, automation software, bots, hacks or any other unauthorized software, designed to modify or interfere with the Application and/or any files that are part of the Application;
  • commercially exploit our Applications, Characters, Designs, 2D or 3D models, Artwork or any other part of Applications;
  • create Derivative Works of the Application;
  • access or use the Application through any technology or means other than those provided in the Application, or through other explicitly authorized means Challenges may designate;
  • make a copy of the Application available on a network where it could be used by multiple users;
  • register domain names, social media accounts or related addresses, which include Challenges trademarks;
  • resell, copy, transfer, distribute, display, translate, modify the Application or make derivative works of the Application or any part thereof;
  • re-use, copy or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Application;
  • redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make the Application available to third parties;
  • seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof;
  • delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;
  • use the Application when operating vehicles;
  • remove or alter our trademarks or logos or legal notices included in the Application or related assets;
  • use the service to try to gain unauthorized access to any service, data, account or network by any means;
  • attempt to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;
  • attempt to gain unauthorized access to Challenges' computer network or user accounts;
  • use the Application in any manner not expressly allowed in the Terms.

2. User Content

Notwithstanding anything to the contrary stated in this EULA, You are allowed to create and use "User Content" (as defined below) in a non-modified form (exactly as produced by the Application) subject to the License Limitations and Specific Rules for User Content defined herein.

Any modification of User Content created by the Application or incorporation of such User Content into other works requires explicit written approval from Challenges. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application.

3. Warranty and Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CHALLENGES, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION.

4. Governing Law

This Agreement and all disputes or controversies arising out of or relating to this Agreement shall be governed by, and construed in accordance with, UK law, if You use the Application in the EU, excluding its conflict of laws rules, or in accordance with the laws of the State of Nevada, excluding its conflict of laws rules, if You use the Application anywhere else in the world.

5. Contact Information

Should You wish to contact the Challenges with any questions, complaints or claims with respect to the Application, you should visit the Challenges website or contact support@challenges-inc.com

For more information, please visit challenges-inc.com or email us at info@challenges-inc.com