Terms and Conditions

INTRODUCTION

Welcome to CompetitiveUrge.com (the 'Website'), the website for everyone with the slightest streak of competitiveness. Take on the world, or just your own close circle of friends, at everything from serious sport to daft challenges – the only limit is your own imagination.

CompetitiveUrge.com aims to offer its member community an automated platform that allows members (‘Competitors’) to interact with each other by creating and entering league tables (‘Urges’) describing an event or combination of events.

CompetitiveUrge.com aims to foster a positive, motivational and mutually supportive environment for competitive people to challenge and motivate themselves and each other.

A key component of this is the concept of ‘banter’.

Dictionary definitions of ‘banter’ include: “To exchange mildly teasing remarks”, “good-natured raillery” and “an exchange of light, playful, teasing remarks.” We expect and encourage Competitors on CompetitiveUrge.com to engage in plenty of friendly banter, boastfulness and good-natured put-downs of one another’s performance in Urges, but at the same time to show respect for one another and avoid abuse or denigration of other Competitors.

Whilst CompetitiveUrge.com imposes guidelines through the Terms and Conditions of use of the Website (as defined below) and offers tools to CompetitiveUrge.com Competitors to self-regulate its community or report any inappropriate, offensive, reckless or illegal behaviour, it is important to be aware that the Website does not know or administer what the rules or nature of the Urges set up by Competitors are, nor does it monitor the content or tone of any Competitor’s profile entries; blog or forum posts; challenges, boasts or messages to other Competitors or non-Competitors; or any other form of publication or interaction that may take place through use of the Website.

Your attention is drawn to our Privacy Policy which describes how we deal with and protect your personal information.

By accepting the T&Cs at Sign-up and/or by accessing the Website you, the end user ('you') accept and agree to be legally bound by the following terms and conditions and the Privacy Policy (together, the 'T&Cs’). If you have any questions about the T&Cs, we would encourage you to seek independent legal advice.

CHANGES TO THE WEBSITE AND THE T&CS

We reserve the right, at our reasonable discretion, to change, modify, add, or delete portions of these T&Cs at any time. If we do this, we will post the changes to these T&Cs on this page and will indicate at the top of this page the T&Cs' “Latest Update” date. You are responsible for checking and reviewing these T&Cs each time you use the Website so that you will be aware of any changes, and to ensure that you agree with them. Your continued use of the Website after any such changes constitutes your acceptance of the new T&Cs.

ELIGIBILITY AND REGISTRATION

You must be 14 years or older to sign up for the Website. We realize that many young people will visit the site. However, we encourage all persons doing so to consult with their parents first, and recommend to all parents that control tools be put in place.

By registering as a Competitor, you represent and promise that you are 14 or older and that you understand, agree to and have the capacity to comply with the T&Cs. You must provide true, accurate and complete registration information to be a Competitor and inform us of any changes in such details. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

COMPETITOR CONDUCT AND APPROPRIATE CONTENT

You may not use the Website for any illegal or unauthorized purpose. Competitors agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence (where you are located outside the UK) and all relevant laws. You are solely responsible for your conduct and any data, text, Urges, challenges, boasts, dares or alike, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post and display on the Website.

We may, but shall have no obligation to you to, remove Materials that we determine in our sole discretion to be unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or which infringe or violate any person's intellectual property or other proprietary rights or these T&Cs. Under no circumstances does CompetitiveUrge.com have any obligation to you to check the accuracy or truthfulness of any Materials, nor to monitor any Competitor’s use of the Website.

CONDITIONS FOR USE

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your Account including the content of transmissions through the Website. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
• Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. (If such material or information is posted in a language that none of the CUL team understands, CUL will retain the right to remove it and/or cancel the related Urge, Competitor profile or posts).
• Use other Competitors' personal information for purposes other than establishing contact that is reasonably expected to be welcomed by such other Competitors.
• Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the rights of others.
• Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by CUL.
• Create a false or misleading identity (including, but not limited to, that of a CUL employee or partner), or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.
• Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website.
• Reformat or frame any portion of the web pages that are part of the Website.
• Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Website.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Interfere with another Competitor's use and enjoyment of the Website.
• Harvest or collect email addresses or other contact information of Competitors, including nicknames, from the Website by electronic or other means.
• Expose Urges that were intended to remain private.
• Invite or entice people who are not allowed to participate in an Urge pursuant to the T&Cs to participate, including (but not limited to) inviting persons under 14 years old.

You undertake to use the Website for legitimate use only. In particular, you undertake not to engage in any activity or behaviour that has the purpose or effect of causing damage to or in any way hindering our business operations.

You will not attempt to hack, make unauthorized alterations or introduce any kind of malicious code to the Website or CUL by any means. Unless given prior written approval by CUL, you will not (i) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (ii) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.

You agree that CUL, including any appointed personnel, may at any time without notice cancel an Urge, move or suspend the Website in whole or in part, and/or disclose any material or content contained on the Website if it considers it necessary to enforce these T&Cs.

DISCLAIMER

By their nature, many Urges created on the Website will involve some element of risk or danger. By entering a particular Urge, Competitors accept all liability and responsibility for their participation, and in particular for any loss, damage, injury, death or other negative outcome that may result to themselves or to third parties as a result of their participation. Where an Urge or specific event within an Urge requires, for safe participation, prior training, experience, certificates, qualifications or licenses, it is the sole responsibility of the Competitor to ensure that they have all necessary training, experience, certificates, qualifications or licenses to complete the Urge safely and without risk to third parties.

Where an Urge requires, for safe participation, prior training, experience, certificates, qualifications or licenses, CUL has no obligation or liability to make Competitors aware of this, and CUL has no responsibility for the inclusion or omission of such information from the Urge details.

We may, but shall have no obligation to you to, remove Urges that we deem in our sole discretion to be unacceptably dangerous to Competitors or third parties.

It is important for you to recognize that CompetitiveUrge.com simply provides a platform for Competitors to create, participate in, and discuss, competitive activities with other Competitors. Those activities are not administered by us and, while we provide tools to help foster trust among Competitors (e.g. posting comments about Urges, reporting inappropriate content etc.), by participating in an Urge you accept the rules of the Urge as imposed by the Urge Administrator, and trust his/her judgment on how to settle it. We are in no way responsible for the nature, content or outcome of the Urge. CompetitiveUrge.com Ltd cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice given, or for any libellous, defamatory, illegal or offensive content or conduct, by any Competitor. You agree to notify CUL of any such content or conduct which comes to your notice.

We also try to ensure that information posted on the Website by Competitors is correct but in no circumstances do we accept any liability whatsoever for error or omission.

PROPRIETARY RIGHTS

CUL does not claim any ownership rights in any Materials that you submit, post, or display on or through the Website. After submitting, posting or displaying Materials on or through the Website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Website, you hereby grant to CUL, in consideration for using the Website, a non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide, perpetual licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Website (the "Licence"). This includes the right to extend the use of any information posted in any form on the Website to potential partners of CUL (e.g. to establish charts of Most Popular Urges with third parties, or to establish Real-time Urge events based on Urges created on the Website in conjunction with third party Event Management partners).

In particular, by creating an Urge on the Website, you waive (through publication) any intellectual property rights to the specific combination of events that make up that Urge, and grant CUL a non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide, perpetual licence to use the Urge details in any way we see fit, including organising physical meetings of people (including Competitors) to participate in that combination of events.

Without the Licence, CUL would be unable to provide the Website. For example, without the right to modify your Materials, CUL would not be able to digitally compress pictures or video under the proper format to satisfy technical requirements. The Licence you grant to CUL is non-exclusive (meaning you are free to license your Materials to anyone else in addition to CUL), fully-paid and royalty-free (meaning that CUL is not required to pay you for the use of the Materials that you post), sub-licensable (so that CUL is able to engage its affiliates and subcontractors such as internet content delivery networks to provide the Website), worldwide and perpetual (so that Materials can be used by us in the future for the benefit of the Website). You promise that: (i) you own the Materials posted by you on or through the Website or otherwise have the right to grant the Licence, and (ii) the posting of your Materials on or through the Website does not violate the privacy rights, publicity rights, proprietary rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Website.

CUL and its affiliates and licensors own and retain all rights in the Website, each of which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to all (1) text, (2) software, (3) photographs or videos, (4) graphics, (5) page layout, and (6) design presented through and as part of the Website by CUL. Except as expressly authorized by CUL, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of CUL's proprietary information.

COPYRIGHT POLICY

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. CUL respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact us and provide us with the following information: evidence that you are the copyright owner or are authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PRIVACY POLICY

We take your privacy very seriously and the collection and use of personal information is governed by our Privacy Policy, which forms a part of the T&Cs.

INTERNET ACCESS

CUL shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website. You will be responsible for providing your own communications equipment to access the Website via the internet, and the internet access charges thereon.

TERMINATION AND CANCELLATION

You have the option to cancel your membership at any time. Please contact the CompetitiveUrge Team via team@competitiveurge.com to cancel your membership. Please be aware that certain information (e.g. forum posts or your involvement in Urges) will still be shown on the site.

We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

CUL may also, at its sole discretion and at any time, discontinue temporarily or permanently providing the Website, or any part thereof, with or without notice. Where possible, CUL will use reasonable efforts to give Competitors fair notice of termination or suspension of their access to the Website. However, you agree that any termination of access to all or part of the Website under any provision of the T&Cs may be effected without notice, and acknowledge and agree that CUL may immediately deactivate or delete your Account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that CUL shall not be liable to you or any third party for any termination or suspension of access to the Website or modification of the Website..

COMPENSATION

You agree to compensate in full, and at CUL’s request defend, CUL, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim (or potential claim) arising from or in any way related to your use of or conduct on the Website, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and legal fees, of every kind and nature. In such a case, CUL will provide you with written notice of such claim, suit or action.

EXCLUSIONS AND LIMITATIONS

You agree that your use of the Website is entirely at your own risk. CUL can not be held responsible for any damages or injuries resulting from Urges that are posted on the site.

The Website, and all materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the Website), products and services included therein are provided 'as is,' 'with all faults', 'as available', with no warranties whatsoever. CUL expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

CUL and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of any information or Materials displayed on the Website.

CUL further expressly disclaims (i) that the Website will meet your requirements and will be available, uninterrupted, error-free, timely, or secure, (ii) that defects or errors will be corrected, (iii) that the Website or the server that makes it available are free of viruses or other harmful components, and (iv) that the use of or the results of the use of the Website or the content made available as part of the Website will be correct, accurate, timely, or otherwise reliable.

CUL expressly disclaims any and all responsibility and liability for the conduct of any Competitor, and expressly disclaims that the content and Materials of the Website input by other Competitors is correct or accurate.

CUL will not be liable to you for any loss that you may incur as a result of misuse of your password, or account, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.

In no event will CUL be liable for any losses you may incur as a result of creating or participation in Urges or otherwise by your use of the Website.

CUL are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Website or prevent you from being able to contact us.

Under no circumstances will CUL be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the Website, whether or not CUL has been advised (or should have known) of the possibility of such damages or loss. Without limiting the foregoing, under no circumstances shall CUL be liable to you for any amount exceeding ten thousand pounds (£10,000.00). If you are dissatisfied with the Website (or any part of it) your sole and exclusive remedy is to discontinue using the Website.

Nothing in these T&Cs will limit CUL's liability for fraud or for death or personal injury caused by CUL's negligence.

NOTICES

CUL may provide you with notices regarding the Website or these T&Cs by regular mail, email, or postings to the Website. However, it is your sole responsibility to check for changes to these T&Cs each time you use the Website and CUL cannot be held responsible for not informing you of any such changes.

LEGAL COMPLIANCE & MISCELLANEOUS

These T&Cs will be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree to submit, for the benefit of CUL, to the exclusive jurisdiction of the English courts for settlement of matters arising out of or concerning the T&Cs or their enforceability. If for any reason any part of the T&Cs is found to be unenforceable in any respect, the remainder of the T&Cs will continue in full force and effect.

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licences regarding your use of the Website. It is your responsibility to know the laws concerning participation in any given activity (forming part or all of an Urge) in your country of domicile.

We reserve the right to transfer, assign, sub-license or pledge these T&Cs, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these T&Cs without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Under no circumstances shall CUL be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war or acts of terrorism, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. In such an event, we reserve the right to cancel or suspend the Website without incurring any liability.

Except insofar as these T&Cs expressly provide that a third party may in their own right enforce a term of these T&Cs, a person who is not a party to these T&Cs has no right under local law or statute to rely upon or enforce any term of these T&Cs but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

By registering for and using, or viewing, the Website, you confirm that you fully understand and agree to be bound by these T&Cs as modified and/or amended by CUL from time to time. These T&Cs constitute the entire agreement between you and CUL with respect to their subject matter and supersede and replace any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the T&Cs by a party will be effective only if in writing and signed by a party. It is recommended that you retain copies of your transaction records and these T&Cs.