OVERVIEW

Challenge Online Games, Inc. ("Challenge Games") is pleased to give you access to our game websites, including but not limited to www.challengegames.com, www.duels.com, www.baseballboss.com, www.warstorm.com, www.planetstorm.com, and www.mechduels.com among others, and related materials, including without limitation, user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings of games played, and any related documentation, applets, client or server software (collectively, "the Games") free of charge. Your use of the games is subject to the binding legal agreement set forth below ("Terms"). 

TERMS SUBJECT TO CHANGE

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Games, including, but not limited to (i) restricting the time all or any part of the Games is available, (ii) restricting the amount of use a user or group of users is permitted for all or any part of the Games, and (iii) restricting or terminating any user's right to use all or any part of the Games, with or without notice; (b) charge fees in connection with the use of all or any part of the Games; (c) modify or waive any fees charged in connection with all or any part of the Games; or (d) offer opportunities to some or all users of all or any part of the Games. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Games, in whole or in part, or of any service, content or feature offered through the Games. You understand we may update these Terms from time to time without giving you any notice.  Your continued use of all or any part of the Games following the posting of changes to these Terms will mean you accept those changes.  Any new features or updated content or applications that we make available in connection with the Games will be subject to these Terms. BY USING THE GAMES, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE GAMES FOR ANY PURPOSE.  

BINDING ARBITRATION

These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Challenge Games for any violation of Challenge Games' proprietary or other rights, any and all disputes relating to these Terms or your use of the Games is to be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas, USA.  

HOW YOU MAY USE THE GAMES

You may use the Games for your personal, non-commercial use. You may make a single, temporary copy of any applications that your device executes when you use the Games, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not - and agree not to - modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Games, except as set forth in these Terms.  Additionally, you may not frame or mirror any part of the Games without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Games; create a database by systematically downloading and storing content from the Games; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, content or other materials from the Games or reproduce or circumvent the navigational structure or presentation of the Games.  

ACCOUNTS

In order to access some features of the Games, you will have to create an account. You agree not to use another's account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  Although Challenge Games will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Challenge Games or others due to such unauthorized use.  

Challenge Games does not recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void.  Further, Challenge Games does not recognize any virtual property transfers executed outside of the Games or the purported sale, gift or trade in the "real world" of anything related to the Games. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Games.  

CONTENT/SUBMISSIONS TO THE GAMES

On some parts of our Games or otherwise in connection with your use of the Games, you may be allowed to post or link to content or applications or provide comments for others to see (such material is referred to herein as "Content"). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:

• You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
• While you or the rightful owner of the Content retain all ownership rights in the Content, you give us (and warrant that you have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right and license to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Games;
• You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Games;
• You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Games and these Terms; and
• For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Games, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Games; and we do not screen, monitor, edit or review Content before it appears on the Games.  We do have the right, but not the obligation, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Games. We can also suspend or terminate use of the Games by anyone who does not follow these Terms. Nevertheless, because Challenge Games does not prescreen Content, you understand that by using the Games, you may be exposed to Content that you may find offensive or objectionable.

NO LICENSE GRANTED

Except for allowing you to use the Games for your personal use as set forth in the paragraph above, when you use the Games you are not receiving a license or any other rights from us, including rights in intellectual property or other proprietary rights of Challenge Games. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE GAMES OR ANY OTHER CHALLENGE GAMES PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.  

CURRENCY

You acknowledge that the Games presently include a component of in-game fictional currency ("Challenge Coins"), which constitutes a limited license right to use the Challenge Coins feature of the Games when, as, and if allowed by Challenge Games. Challenge Games may charge fees for the right to use Challenge Coins, or may distribute Challenge Coins without charge, in its sole discretion.  

Challenge Coins are a limited license right governed solely under the Terms, and are not redeemable for any sum of money or monetary value from Challenge Games at any time. You agree that Challenge Games has the absolute right to manage, regulate, control, modify and/or eliminate such currency as it sees fit in its sole discretion, in any general or specific case, and that Challenge Games will have no liability to you based on its exercise of such right. 

Notwithstanding any other language or context to the contrary, as used in these Terms and throughout the Games in the context of Challenge Coins transfer: (a) the term "sell" means "to transfer for consideration the licensed right to use Challenge Coins in accordance with the Terms," (b) the term "buy" means "to receive for consideration the licensed right to use Challenge Coins in accordance with the Terms," (c) the terms "buyer," "seller", "sale" and "purchase" and similar terms have corresponding meanings to the root terms "buy" and "sell."  Challenge Games may limit buyers of Challenge Coins to any group of users at any time.  

COPYRIGHTS

The Games are owned by Challenge Games or its licensees and protected by applicable law, with all rights reserved. Challenge Games takes the protection of intellectual property rights, including copyrights, very seriously. Challenge Games will terminate your access to, or use of, all or any part of the Games, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Challenge Games if they have a good-faith belief that their protected works are being infringed. Challenge Games will respond to all such notifications that are sent to:  

Challenge Online Games, Inc.
Attn: DMCA Notification / Legal Department
211 East 7th Street, Suite 400
Austin, TX 78701  

To be effective, the notification must be a written communication that includes:

• A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Challenge Games to locate the material;
• Information reasonably sufficient to permit Challenge Games to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, Challenge Games shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Challenge Games removes or disables access to such material, if such material was posted by a user of the Games, Challenge Games will notify the party that posted the material of its action. Such party may then provide Challenge Games proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which Challenge Games will forward to the alleged copyright owner. Challenge Games will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Challenge Games stating that it has filed suit against the alleged infringer.  

An effective counter-notification must be sent to Challenge Games at the address listed above. The counter-notice must include the following information:

• The counter-notifying party's physical or electronic signature;
• Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
• A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
• The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Challenge Games is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Challenge Games with notification or an agent of such a person.

TRADEMARKS

"Challenge Online Games, Inc.," "Challenge Games," "Duels," "Warstorm," "Planetstorm," "Baseballboss" and "Mechduels," among others, are trademarks of Challenge Online Games, Inc. Other trademarks are the property of their respective owners.

CONTESTS AND SWEEPSTAKES

From time to time, Challenge Games might host or facilitate contests.  In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof. 

REFUND POLICY

You understand and agree that once you authorize Challenge Games to charge your credit card for a certain amount, such amount shall under no circumstances be refundable, including, without limitation, upon termination of your account for any reason, termination of this agreement, and/or discontinuation of the service.   

PROTECTING CHILDREN

The safety of children is very important to us. Challenge Games intends for the Games to be a general audience site that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with the games, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information by Challenge Games, that parent can send an e-mail to us at support@challengegames.com to request deletion of their child's account. Some parts of the Games may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you.  Parental control protections (such as computer hardware, software or filtering) are commercially available that may assist parents in limiting access to content that may be objectionable.  

THIRD PARTY SITES

The Games may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of the Games. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Challenge Games is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices.  If there is any conflict between the Terms set forth herein and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using the Games, you expressly relieve Challenge Games from any and all liability arising from your use of any third-party sites, applications or content.  

U.S. EXPORT CONTROLS

Any download from or otherwise through the Games is further subject to United States export controls. No downloads may be made from or through the Games or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Games, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  

PRIVACY POLICY

Any information that we may collect from you during your use of the games is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy, which can be accessed at www.challengegames.com. In accordance with our Privacy Policy, Challenge Games may obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification. 

CONDUCT OF REGISTERED USERS AND VISITORS

We believe that all users and visitors benefit from basic rules regarding conduct while using the Games. Widespread use and enjoyment of the Games is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask - and you agree - to follow the following basic rules of conduct when using the Games:

(1) You will follow these Terms and all applicable laws;

(2) You will never give your password to anyone (no Challenge Games employee will ever ask for it);

(3) You will not harass, threaten or abuse other people when using the Games in any manner;

(4) You will not make excessive challenges or invitations to other users;

(5) You will not interfere with others' use of the Games or act in a way that negatively affects other users' enjoyment of the Games;

(6) You will not cheat and you will not use "exploits" or "alternate or dummy accounts" in any way;

(7) You will not participate in any action that, in the sole and absolute opinion of Challenge Games, results or may result in any authorized user of the Games being "scammed" or defrauded out of any items that such user has obtained in connection with such user’s use of the Games;

(8) You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;

(9) You will not use or exploit any errors in design, features which have not been documented, or "bugs" to gain access, currency or items in any way that is not generally known and intentionally made available by Challenge Games, and you will promptly report to Challenge Games your discovery of any such errors, features or bugs.

(10) You will not attempt to harvest any screen names or e-mail addresses for any commercial use;

(11) You will not collect, store, or share personal information about any other individual on the Games, or otherwise stalk, repeatedly contact or harass another user;

(12) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Challenge Games; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;

(13) You will not use the Games to harm minors in any way, or encourage interactions with minors of an inappropriate or sexual nature;

(14) You will not manipulate the Games so as to hide your identity or participation in the Games (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);

(15) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Games, users' ability to enjoy the Games, or the proper functioning of any software, hardware or equipment or materials used in connection with the Games;

(16) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Games;

(17) You will not use any automated programs or "scripts" to advance your character or characters, acquire goods, or otherwise accrue benefits in an automated fashion;

(18) You will not exploit the Games for any commercial purpose, including the provision of "power leveling" services;

(19) You will not sell, advertise, or post information on hacks for the Games nor will you advertise, post information on, or sell "hacks" for any other software or web sites; and,

(20) You will adhere to and abide by any policies or rules posted by Challenge Games. 

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Games without giving you any notice. In the event that your rights to use the Games are terminated, you will immediately lose access to any information that may be on the system.  

YOU UNDERSTAND THAT CHALLENGE GAMES IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE GAMES FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.  

INDEMNITY

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE GAMES AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD CHALLENGE GAMES AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE GAMES, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE GAMES, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.  

DISCLAIMER OF WARRANTY

YOU UNDERSTAND THAT YOUR USE OF THE GAMES (INCLUDING ANY DOWNLOAD FROM THE GAMES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE GAMES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE GAMES AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE GAMES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.  

YOU ACKNOWLEDGE THAT CHALLENGE GAMES MAKES NO WARRANTY THAT THE GAMES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT CHALLENGE GAMES DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE GAMES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH HEREIN.  

TO THE FULLEST EXTENT PERMITTED BY LAW, CHALLENGE GAMES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAMES AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE GAMES.  

DISCLAIMER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHALLENGE GAMES OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, ARISING FROM YOUR OR OTHERS USE OF THE GAMES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE GAMES OR CHALLENGE GAMES, EVEN IF CHALLENGE GAMES HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.  

ACCESS RESTRICTIONS / TERMINATION

We can terminate your access to the Games at any time. We may also remove any Content that you post without cause and without notice to you. We can also change these Terms at any time, and your continued use of the Games after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE GAMES IN ANY MANNER FOR ANY PURPOSE.  

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the service from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 

ENTIRE AGREEMENT

These Terms are the entire agreement between you and Challenge Games. They supersede any and all prior or contemporaneous agreements between you and Challenge Games relating to your use of the Games. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.  

You can direct any questions concerning these Terms to legal@challengegames.com.