CHALLENGESTREAMER TERMS AND CONDITIONS
Last updated: November 17, 2022
Welcome to ChallengeStreamer!
These Terms and Conditions ("Terms", "Agreement") apply to your access to and/or use of challengestreamer.com, our subdomains, and any tools or functionality made available through the aforementioned websites, including any products and services ("Website" or "Services"). You must read this Agreement carefully, and by accessing or using the Website, you acknowledge that you have read, understand, and agree to be bound by it:
These Terms and Conditions in their entirety; and Any supplemental terms, conditions, or policies in this Agreement that are specified as part of this Agreement. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE OR THE SERVICES.
This Agreement is a binding agreement between you ("User", "you" or "your") and ChallengeStreamer Einzelunternehmen a German company located in Brandenburg, 14532 Stahnsdor ("ChallengeStreamer", "we", "us" and "our"). However, in ChallengeStreamer's sole discretion, any obligation of ChallengeStreamer may be performed (in whole or in part) and any right or remedy of ChallengeStreamer may be exercised (in whole or in part) by an Affiliate of ChallengeStreamer (as defined below).
ChallengeStreamer reserves the right to amend this Agreement at any time by posting the amended Agreement at www.ChallengeStreamer.com/terms. Such amendments will become effective ten (10) days after such posting (unless we specify a later effective date). However, we are under no obligation to update, change or clarify any information on the Website, including, without limitation, pricing information, unless required by law. No update or refresh date stated on the Website should be construed as an indication that all information on the Website or in any related service has been changed or updated.
1. DEFINITIONS AND INTERPRETATION
This Agreement contains a number of capitalized terms, some of which are defined in this section and others of which are defined elsewhere. The section headings in this Agreement are for ease of reading only and shall not be used or relied upon for purposes of interpretation.
"ChallengeStreamer Affiliate" means, with respect to ChallengeStreamer, any organization or entity that controls, is controlled by, or is under common control with ChallengeStreamer, and "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, organization or entity, whether through the ownership of voting securities, by contract or otherwise.
"ChallengeStreamer Materials" means, collectively, the Site and all Content appearing or displayed on or in the Site.
"Content" means any software, code, text, data, information, images, graphics, sounds, videos, audio clips, links and/or similar materials and content.
"Dispute" means any claim, dispute or controversy under or otherwise relating to this Agreement.
"Intellectual Property" means all inventions, discoveries, improvements, copyrighted works, technical information, data, technology, know-how, show-how, designs, drawings, utility models, topographies, specifications, formulas, methods, techniques, processes, databases, computer software and programs (including object code, source code, APIs and non-literary aspects), algorithms, architectures, records, documentation and other similar intellectual property in any form and media.
"Intellectual Property Rights" means all right, title and interest in and to Intellectual Property (under any jurisdiction or contract, whether protectable or not and whether registered or unregistered) and includes, without limitation, patents, copyrights and similar author rights, personal rights (such as moral rights, rights of privacy and publicity), architectural, building and site rights (and similar geographic rights), mask work rights, trade secrets and similar confidentiality rights, design rights, intellectual property rights, trademarks, trade names, trade dress and similar trademark rights, and: (a) all applications, registrations, renewals, continuations, partial continuations, divisions or reissues of the foregoing rights; and (b) all goodwill associated with the foregoing rights.
"Law" means any federal, state, foreign, regional or local law, rule, regulation or ordinance in any jurisdiction.
"Moral Rights" means any rights of paternity or integrity or any right to claim authorship of a Work, to oppose any defacement, mutilation or other alteration of a Work or other derogatory acts with respect to a Work, whether or not injurious to the honor or reputation of the creator of the Work, and any similar rights existing under judicial or statutory law of any jurisdiction or under any contract.
2. WEBSITE ACCESS
So long as this Agreement is in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Website solely for your own personal and non-commercial use, provided that you comply with this Agreement. Except for the foregoing right, ChallengeStreamer does not grant you any right or license to ChallengeStreamer's or any third party's intellectual property rights.
3. PAYMENT AND FEES
We allow money transfers from one user to another as part of our service under certain circumstances. User hereby agrees to pay ChallengeStreamer a fee equal to 10-15% of the transaction ("Service Fee") for each monetary transaction made by User as part of use of the Service. In addition to the Service Fee, User hereby agrees that each monetary transaction made or received by User in connection with User's use of the Service will result in a separate fee payment by User to PayPal and other third party payment service providers in accordance with their tariff fees.
While using the Site, you may correspond with or participate in promotions by advertisers or sponsors who offer their goods or services through the Site. Any such activity and any terms, conditions, warranties or representations associated therewith are solely between you and the applicable third party. We assume no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
5. RESTRICTIONS ON USE
As a condition of your right to access and use the Site, you may not (and may not permit or encourage any third party to) do any of the following, in whole or in part: (a) for any unlawful purpose; (b) to solicit or engage in any unlawful activity by others; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that in any way interferes or may interfere with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collecting or tracking the personal information of others; (i) for spamming, phishing, pharming, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) to compromise or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
ChallengeStreamer permits you to link to the Site provided that: (i) you link to (but do not copy) a page on the Site; (ii) the text of the hyperlink must accurately describe the content as it appears on the Site; (iii) you do not misrepresent your relationship with ChallengeStreamer or present false information about ChallengeStreamer, and in no way imply that we endorse you or any services or products, unless we have given you our express written permission to do so in advance; (iv) you must not create a link from a website that prohibits linking to third parties; (v) the website from which you link to the Website must not contain content that is offensive, controversial (both as determined by us in our sole discretion), infringes, misappropriates or violates any intellectual property rights; and (vi) you and your website must comply with this Agreement and applicable law.
7. LINKS TO OTHER WEBSITES
8. THIRD PARTY CONTENT
9. INTELLECTUAL PROPERTY
As between you and ChallengeStreamer, ChallengeStreamer is and shall remain the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to:
The ChallengeStreamer Materials and any computer programs (including APIs), databases or other intellectual property underlying, operating or otherwise embodied in the ChallengeStreamer Materials; and The trademarks, service marks, trade names, service names, trade dress, icons, brands and logos displayed on or in the ChallengeStreamer Materials ("Trademarks"). You acknowledge that the items in paragraphs (a) and (b) above may be protected by treaties and intellectual property laws. Without limiting paragraph (b) above, the ChallengeStreamer name and the ChallengeStreamer logo are trademarks of ChallengeStreamer or an affiliate of ChallengeStreamer. Other trademarks displayed on or in ChallengeStreamer Materials may be the property of third parties.
Except for the limited right granted to you in Section 2 (Site Access), ChallengeStreamer and its licensors reserve all rights to their respective intellectual property rights.
THE CHALLENGESTREAMER MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND AT YOUR SOLE RISK AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, OR OTHERWISE ARISING OUT OF A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY CHALLENGESTREAMER AND ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHALLENGESTREAMER OR ANY REPRESENTATIVE OF CHALLENGESTREAMER SHALL CREATE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION.
FURTHERMORE, NEITHER CHALLENGESTREAMER NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:
WITH RESPECT TO THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS OF CHALLENGESTREAMER MATERIALS; THAT THE USE OF OR RELIANCE ON CHALLENGESTREAMER MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE CHALLENGESTREAMER MATERIALS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED; OR WITH RESPECT TO COMPLIANCE WITH OR ADHERENCE TO GOVERNMENTAL REGULATIONS OR STANDARDS.
The above disclaimers apply to the fullest extent permitted by applicable law. You may have legal rights in your country of residence that prohibit the above disclaimers from applying to you (in whole or in part) (e.g., the laws of some countries do not allow the exclusion of certain implied warranties or conditions and do not allow limitations on legal rights), and to the extent the above disclaimers are prohibited, you and ChallengeStreamer agree that they do not apply to you.
11. LIMITATION OF LIABILITY
EXCEPT FOR LIABILITY OF ONE PARTY FOR INFRINGEMENT OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT FOR:
CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES; LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS; LOSS OF OR DAMAGE TO DATA, REPUTATION OR GOODWILL; AND/OR THE COST OF COVERAGE OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE AGGREGATE LIABILITY OF CHALLENGESTREAMER AND ANY OF CHALLENGESTREAMER'S AFFILIATES UNDER OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF ONE EURO (€1) OR THE AMOUNTS ACTUALLY PAID BY YOU TO CHALLENGESTREAMER FOR THE PRECEDING ONE-MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY: (i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (Eg. IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE); (ii) EVEN IF A PARTY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF LOSS, DAMAGE OR COST; (iii) EVEN IF ANY REMEDY OF THIS AGREEMENT DOES NOT FULFILL ITS ESSENTIAL PURPOSE; AND (iv) REGARDLESS OF THEORY OR BASIS OF LIABILITY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE, ERROR, STRICT LIABILITY OR OTHER CONTRACTUAL, ILLEGAL OR LEGAL LIABILITY.
If a third party (including, but not limited to, a regulatory or governmental authority) brings a claim, demand, suit, action or proceeding against ChallengeStreamer, a ChallengeStreamer Affiliate and/or any of our or their respective directors, officers, employees or agents (each, (each an "Indemnitee"), and such claim is based on a breach by you under this Agreement (in each case, an "Indemnity Claim"), then upon ChallengeStreamer's written request (which shall be determined in its sole discretion), you agree to assume full control of the defense and settlement of the Indemnity Claim; provided, however, that (a) ChallengeStreamer reserves the right to assume full or partial control of the defense and/or settlement of the Indemnity Claim at any time thereafter and, in such event, you agree to reasonably cooperate with ChallengeStreamer's defense counsel and activities at your own expense; and (b) you will not settle any Indemnity Claim or admit any liability thereunder without the express prior written consent of the Indemnitee(s).
In addition, and regardless of whether (or to what extent) you have controlled or participated in the defense and/or settlement of any Indemnity Claim, you agree to indemnify and hold Indemnitee(s) harmless for and against: (A) all costs and expenses (including reasonable attorneys' fees) incurred by the Indemnitee(s) in defending the Indemnity Claim; and (b) all amounts awarded against or imposed upon the Indemnitee(s) pursuant to such Indemnity Claim or otherwise paid in settlement of the Indemnity Claim (including, without limitation, fines or penalties).
13. APPLICABLE LAW; JURISDICTION AND VENUE.
The formation, interpretation and performance of this Agreement and all disputes arising hereunder shall be governed by and construed in accordance with the substantive and procedural laws of Germany, excluding its conflict and choice of law rules and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for any action relating to the subject matter of this Agreement shall be the courts located in Brandenburg, Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any action arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Notwithstanding any law to the contrary, any claim or cause of action arising out of or otherwise related to this Agreement must be filed within ONE (1) YEAR after the claim or cause of action arose, or you agree that the claim or cause of action is forever barred.
14. TERM AND TERMINATION
This Agreement is effective until terminated by ChallengeStreamer or you. ChallengeStreamer, in its sole discretion, has the right to terminate this Agreement and/or your access to the Site, or any portion thereof, at any time, effective immediately, with or without cause (including, without limitation, for breach of this Agreement). ChallengeStreamer shall have no liability to you or to any third party for any termination of the Website or any part thereof. If you disagree with any term or condition of this Agreement, or any subsequent modifications to this Agreement, or are dissatisfied with the Site in any way, your sole remedy is to immediately discontinue using the Site. Upon termination of this Agreement, you must cease all use of the Website. This Section 14 and Sections 9 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 15.7 (Privacy), and 15.10 (Relationship) shall survive any termination of this Agreement.