Terms of Use

Yawn. Before we get to #Throwdown a GauntletChallenge or otherwise getting you involved we need you to read and accept the GauntletChallenge Terms of Service.  Here we go…

GauntletChallenge is a service developed, distributed and made available by NEBC Ltd a company registered in England with registered address 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (NEBC).

All rights are reserved, the GauntletChallenge icon and name are trademarks of NEBC Ltd.

The GauntletChallenge User Agreement comprises the Terms of Service (“Terms”), our Privacy Policy, the Rules and all incorporated policies.

A – Terms of Service

These Terms of Service (“Terms”) govern your access to and use of our services, including the Mobile App, our  website, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the “Gauntlet Services”), and all challenges created, rejected, ignored, accepted, lost, won or any other status of a challenge (Challenges) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Gauntlet Services (collectively referred to as “Content”). Your access to and use of the Gauntlet Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Gauntlet Services you agree to be bound by these Terms, which may be updated by NEBC from time to time without notice to you. You can review the most current version of the Terms at any time within the Mobile App. The Gauntlet Services are not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use the Gauntlet Services.

Highlights

  • Challenges and information you upload or post to Gauntlet Services may be seen by others.
  • We want your feedback but if you give it to us you don’t own it if we use it
  • No warranties are made by NEBC and NEBC is not liable for your activities connected with the Gauntlet Services.
  • NEBC can cancel your membership if you misbehave.
  1. Basic Terms
  2. Privacy
  3. Passwords
  4. Content on the Services
  5. Your Rights
  6. Your License To Use the Services
  7. NEBC Rights
  8. Restrictions on Content and Use of the Services
  9. Copyright Policy
  10. Ending These Terms
  11. Disclaimers and Limitations of Liability
    1.    The Services are Available “AS-IS”
    2.    Links
    3.    Limitation of Liability
  12. General Terms
    1.    Waiver and Severability
    2.    Controlling Law and Jurisdiction
    3.    Entire Agreement

 

1. Basic Terms

You are responsible for your use of the Gauntlet Services and for any consequences thereof. Challenges made by or to you, the progress and outcomes thereof are public and will be able to be viewed by other users and through third party services and websites.  Content you submit, post, or display through the Gauntlet Services are public and will be able to be viewed by other users and through third party services and websites. You should only be a member if you are prepared to have Challenges made to you and for the outcomes of Challenges to be public.  You should only provide Content that you are comfortable sharing with others under these Terms.

Tip: Challenges and your comments are public and may be viewed all around the world instantly. You are what you do and say!

You may use the Gauntlet Services only if you can form a binding contract with NEBC and are not a person barred from receiving services under the laws of England or other applicable jurisdiction. If you are accepting these Terms and using the Gauntlet Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Gauntlet Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Gauntlet Services are always evolving and may change from time to time without prior notice to you. In addition, NEBC may stop (permanently or temporarily) providing the Gauntlet Services (or any features within the Gauntlet Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Gauntlet Services may include advertisements, which may be targeted to the Challenges or Content or information on the Gauntlet Services, queries made through the Gauntlet Services, or any other information. The types and extent of advertising by NEBC on the Gauntlet Services are subject to change. In consideration for NEBC granting you access to and use of the Gauntlet Services, you agree that NEBC and its third party providers and partners may place such advertising on the Gauntlet Services which may or may not be targeted in relation to your Challenges, Content or other information from the Gauntlet Services whether submitted by you or others.

2. Privacy

Any information that you or other users provide within the Gauntlet Services is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Gauntlet Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to England, Europe, the United States, and/or other countries for storage, processing and use by NEBC. As part of providing you the Gauntlet Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Gauntlet Services and your membership, which you may not be able to opt-out from receiving.

3. Login credentials

Login to GauntletChallenge is undertaken through your email address or third party social media account, for example Facebook.  We create an account in GauntletChallenge and where you chose to login with your social media account or subsequently register it within the App, we associate that social media account with your GauntletChallenge membership. You authorise the Gauntlet Services to retrieve and store your chosen social media account registration name, username and email and to complete the account creation.

An integral aspect of GauntletChallenge is the post of challenge statuses, the challenge throw, accept, and complete.  You expressly authorise the Gauntlet Services to cross-post between our Gauntlet Services and to the newsfeed or similar public area of your social media account that you used to login.  In addition to this, other aspects of GauntletChallenge updates such as member profile changes, banter, comments are able to be cross-posted to the newsfeed or similar pubic area of your social media account – where you choose to do so, you expressly authorise the Gauntlet Services to post such updates.

You are responsible for safeguarding your social media login credentials that you use to access the Gauntlet Services and for any activities or actions under your login. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your social media account. NEBC cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account membership, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Gauntlet Services or its contents. You agree to immediately notify NEBC of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to NEBC.

4. Member responsibilities

All Challenges and Content, are the sole responsibility of the person who originated such Challenge or Content. We may not monitor or control the Challenges or Content posted via the Gauntlet Services and, we cannot and do not take responsibility for such Challenges or Content. Any use or reliance on any Challenges or Content or materials posted via the Gauntlet Services or obtained by you through the Gauntlet Services is at your own risk.

You accept that the nature of the Gauntlet Services, Challenges and Content relate to challenges and comments that may involve you having an emotional response or which you may regard as reflecting negatively on you.  We do not regard not completing a Gauntlet Challenge as a negative outcome, getting involved we see as positive but you may not.  We do not accept any liability of any sort for any outcomes that you perceive as negative, including but not limited to challenges made by you, to you, that may be in-progress, completed, not completed, won, lost or abandoned.

The Gauntlet Services functions as a venue to connect members in a virtual information place for challenges and comments. NEBC acts as a neutral facilitator between members. As a result, NEBC has no control over the truth, accuracy, quality, legality, or safety of postings made by members. NEBC shall have no responsibility to confirm the identity of members. NEBC shall also have no responsibility to confirm or verify the locations, qualifications, background, or abilities of members. You shall at all time exercise common sense and good judgment when dealing with any member (user of the Gauntlet Services).

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Challenges or Content or communications posted via the Gauntlet Services or endorse any opinions expressed via the Gauntlet Services. You understand that by using the Gauntlet Services, you may be exposed to Challenges or Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will NEBC be liable in any way for any Challenges or Content, including, but not limited to, any errors or omissions in any Challenges or Content, or any loss or damage of any kind incurred as a result of the use of any Challenges or Content posted, emailed, transmitted or otherwise made available via the Gauntlet Services or broadcast elsewhere.

You agree to not use the Gauntlet Services to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, an NEBC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Gauntlet Services; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Gauntlet Services or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Gauntlet Services.

You acknowledge that NEBC may or may not pre-screen or monitor Content, but that NEBC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Gauntlet Services. Without limiting the foregoing, NEBC and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Gauntlet Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for NEBC to provide, promote, and improve GauntletChallenge and to make Content submitted to or through the Gauntlet Services available to other companies, organizations or individuals who partner with NEBC for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by NEBC, or other companies, organizations or individuals who partner with NEBC, may be made with no compensation paid to you with respect to the Challenges or Content that you submit, post, transmit or otherwise make available through the Gauntlet Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Gauntlet Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. NEBC will not be responsible or liable for any use of your Content by NEBC in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License to use the Gauntlet Services

NEBC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by NEBC as part of the Gauntlet Services for the duration that NEBC determines in its absolute right. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Gauntlet Services as provided by NEBC, in the manner permitted by these Terms.

7. NEBC Rights

All right, title, and interest in and to the Gauntlet Services (excluding Content provided by users) are and will remain the exclusive property of NEBC and its licensors. The Gauntlet Services are protected by copyright, trademark, and other laws of both the England, United States and foreign countries. Nothing in the Terms gives you a right to use the NEBC, GauntletChallenge, Gauntlet Challenge names or related trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding GauntletChallenge, or the Gauntlet Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions on Content and Use of the Gauntlet Services

Please review the Gauntlet Rules (which are part of these Terms) to better understand what is prohibited on the Gauntlet Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GauntletChallenge, its users and the public.

Tip: NEBC does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Gauntlet Services: (i) access, tamper with, or use non-public areas of the Gauntlet Services, NEBC’s computer systems, or the technical delivery systems of GauntletChallenge’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Gauntlet Services by any means (automated or otherwise) other than through our currently available, search function or published interfaces that are provided by NEBC (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with NEBC; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Gauntlet Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Gauntlet Services, or by scripting the creation of Challenges or Content in such a manner as to interfere with or create an undue burden on the Gauntlet Services.

9. Copyright Policy

NEBC respects the intellectual property rights of others and expects users of the Gauntlet Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, NEBC will also terminate a member’s account if the member is determined to be a repeat infringer.

10. Ending These Terms

The Terms will continue to apply until terminated by either you or NEBC as follows.

You may end your legal agreement with NEBC at any time for any or no reason by deactivating your accounts and discontinuing your use of the Gauntlet Services. You do not need to specifically inform NEBC when you stop using the Gauntlet Services. If you stop using the Gauntlet Services without deactivating your membership, your membership may be deactivated due to prolonged inactivity under our Inactive Account Policy.

We may suspend or terminate your membership or cease providing you with all or part of the Gauntlet Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Gauntlet Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Gauntlet Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Gauntlet Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect NEBC’s rights to change, limit or stop the provision of the Gauntlet Services without prior notice, as provided above in section 1.

11. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of NEBC, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “NEBC Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Gauntlet Services are Available “AS-IS”

Your access to and use of the Gauntlet Services or any Content and participation in and availability for Challenges are at your own risk. You understand and agree that the Gauntlet Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE NEBC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The NEBC Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Gauntlet Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Gauntlet Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Gauntlet Services; and (iv) whether the Gauntlet Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the NEBC Entities or through the Gauntlet Services, will create any warranty or representation not expressly made herein.

B. Links

The Gauntlet Services may contain links to third-party websites or resources. You acknowledge and agree that the NEBC Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the NEBC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR CHALLENGES AND ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO CYCLING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE CHALLENGES AND ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF NEBC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT NEBC DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY CHALLENGE, RACE, CONTEST, OR EVENT THAT UTILIZES THE GAUNTLET SERVICES.

YOU EXPRESSLY AGREE THAT NEBC IS NOT PROVIDING MEDICAL ADVICE VIA THE GAUNTLET SERVICES. THE CONTENT PROVIDED THROUGH THE GAUNTLET SERVICES ARE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER MEMBERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED WITHIN THE GAUNTLET SERVICES, AND YOU SHOULD NOT USE THE GAUNTLET SERVICES OR ANY CONTENT WITHIN THE GAUNTLET SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND NEBC.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEBC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GAUNTLET SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE GAUNTLET SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE GAUNTLET SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; v) YOUR AVAILABILITY FOR OR PARTICIPATION IN ANY CHALLENGES or vi) YOUR MEMBERSHIP OF GAUNTLETCHALLENGE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NEBC ENTITIES EXCEED THE GREATER OF ONE U.S. DOLLARS (U.S. $1.00) OR THE AMOUNT YOU PAID NEBC, IF ANY, IN THE PAST SIX MONTHS FOR THE GAUNTLET SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NEBC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. General Terms

A. Waiver and Severability

The failure of NEBC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of England. All claims, legal proceedings or litigation arising in connection with the Gauntlet Services will be brought solely in the courts of England and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States and legally unable to accept the controlling law, jurisdiction or venue clauses above, then you are not permitted to use the Gauntlet Services.

C. Entire Agreement

These Terms, including the Gauntlet Rules for the Gauntlet Services, the Honor Code and our Privacy Policy for the GauntletChallenge User Agreement and are the entire and exclusive agreement between NEBC and you regarding the Gauntlet Services (excluding any services for which you have a separate agreement with NEBC that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between NEBC and you regarding the Gauntlet Services. Other than members of the group of companies of which NEBC is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, if any revision is made we will notify you through the Gauntlet Services login screen. By then continuing to access or use the Gauntlet Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at legalcontact@nebc.co.uk.

Effective: November 8, 2016

 

A – Privacy Policy

GauntletChallenge is a service developed, distributed and made available by NEBC Ltd a company registered in England with registered address 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (NEBC).

The GauntletChallenge User Agreement comprises this Privacy Policy, the Terms of Service (“Terms”),  the Rules, the Honor Code and all incorporated policies.

This Privacy Policy (“Policy”) describes how and when GauntletChallenge collects, uses and shares your information when you use our Gauntlet Services. GauntletChallenge receives your information through our Mobile App, website, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the “Gauntlet Services”). When using any of our Gauntlet Services you consent to the collection, transfer, storage, disclosure, and use of your information as described in this Privacy Policy.

You are responsible for your challenges and the comments and other content you submit through the Services, as provided in the Terms of Service and GauntletChallenge Rules.

Tip: Challenges and your comments are public and may be viewed all around the world instantly. You are what you do and say!

Tip: We collect and use your information as detailed below to provide our Gauntlet Services and to measure and improve them over time.

Tip: We do not disclose your private personal information except in the limited circumstances described here.

Irrespective of which country you live in, you authorize us to use your information in, and as a result to transfer it to and store it in, the United States, England, and any other country where we operate. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.

Information Collection and Use

 

Basic Account Information: When we create or you reconfigure your account, you provide some personal information, such as your name, nickname/username, password, email address.  In the Gauntlet Services, your name and username may be listed publicly, including on your profile page and in search results.

Contact Information: We may use your contact information to send you information about our Gauntlet Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your account.

Additional Information: You may provide us with profile information to make public on the Gauntlet Services, such as your location, date of birth, or a picture. For certain profile information fields we may choose to provide you with visibility settings to select who can see this information in your profile. If you provide us with profile information and you don’t see a visibility setting, that information is public.  If you email us, we may keep your message, email address and contact information to respond to your request.

When you login to the Gauntlet Services we connect your account to your social media network account in order for the Gauntlet Services to cross-post between our Gauntlet Services and that service, the other service will send us your registration or profile information on that service.  We retain this registration information for so long as you are a member of the Gauntlet Services.

Location Information: the Gauntlet Services may receive information about your location. For example, you may choose to state your location in a banter/comment and in your GauntletChallenge profile. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services, and to improve and customize the Services.

Links: GauntletChallenge may keep track of how you interact across our Gauntlet Services, including our app updates, email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising.

Cookies: Like many mobile apps and websites, we use cookies and similar technologies to collect additional mobile and website usage data and to improve our Gauntlet Services, but we do not require cookies for many parts of our Gauntlet Services. A cookie is a small data file that is transferred to your computer or mobile device. GauntletChallenge may use both session cookies and persistent cookies to better understand how you interact with our Gauntlet Services, to monitor aggregate usage by our users on our Gauntlet Services, and to customize and improve our Gauntlet Services. Although most web browsers automatically accept cookies, some browsers’ settings can be modified to decline cookies or alert you when a website is attempting to place a cookie on your computer. However, some Gauntlet Services may not function properly if you disable cookies.

Third-Parties and Affiliates: NEBC uses a variety of third-party services to help provide our Gauntlet Services, such as hosting our website, hosting the mobile app. These third-party service providers may collect information sent by your device as part of a web page request, such as cookies or your IP address. Third-party ad partners may share information with us, like a browser cookie ID, website URL visited, mobile device ID, or cryptographic hash of a common account identifier (such as an email address), to help us measure and tailor ads.

Information Sharing and Disclosure

 

User Consent or Direction: We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your account. Other users may share or disclose information about you, such as when they mention you, share a photo of you, or tag you in a photo.

Service Providers: We engage service providers to perform functions and provide services to us in the United States, England, and other countries. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions. 

Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect NEBC’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Business Transfers and Affiliates: In the event that NEBC is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information as transferred to the new entity.


Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information).

Accessing and Modifying Your Personal Information

 

If you are a registered user of our Gauntlet Services, we provide you within the GauntletChallenge Mobile App profile setting, access to correct, delete, or modify the personal information you provided to us and associated with your account.

You can also permanently delete your GauntletChallenge account. Please request this to legalcontact@nebc.co.uk. Your account will be firstly deactivated and then deleted, which will take up to 90 days.

Our Policy Towards Children

 

Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us privacy@nebc.co.uk.  We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

Changes to this Policy

 

We may revise this Privacy Policy from time to time, if any revision is made we will notify you through the Gauntlet Services login screen. By then continuing to access or use the Gauntlet Services after those revisions become effective, you agree to be bound by the revised Privacy Policy.

The most current version of the policy will govern our use of your information and will always be available within Gauntlet Services within the mobile App under the legal section.

Effective: November 8, 2016
Thoughts or questions about this Privacy Policy? Please, let us know at privacy@nebc.co.uk

 

  • Rules

 

GauntletChallenge is a service developed, distributed and made available by NEBC Ltd a company registered in England with registered address 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (NEBC).

 

The GauntletChallenge User Agreement comprises these Rules, the Terms of Service (“Terms”), our Privacy Policy and all incorporated policies.

 

We believe that everyone should have opportunity to create, participate in and benefit from GauntletChallenges and to benefit from the encouragement of good natured comments/banter, without barriers. In order to protect the experience and safety of people who use the Gauntlet Services, there are some limitations on the type of content and behaviour that we allow. All users must adhere to the policies set forth in the GauntletChallenge Rules. Failure to do so may result in the temporary locking and/or permanent suspension of account(s).

 

Content Boundaries and Use of GauntletChallenge

 

In order to provide the Gauntlet Services there are some limitations on the challenges that can be undertaken and type of content that can be published within the Gauntlet Services.

  • Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.
  • Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
  • Graphic content: You may not use pornographic or excessively violent media in your profile image or header image. 
  • Unlawful use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
  • Misuse of GauntletChallenge statuses or badges: You may not use account statuses or badges, such as but not limited to the “premium”, “elite”, “promoted”, unless provided by GauntletChallenge. Accounts using these badges as part of profile photos, header photos, or in a way that falsely implies affiliation with GauntletChallenge, may be suspended.

 

Abusive Behavior

 

GauntletChallenges are open to everyone over the age of 13 and we encourage everyone to participate but that means little as an underlying philosophy if people are made to feel inferior for trying, belittled for contributing banter or are afraid to speak up.  In order to ensure that people feel free to participate, to get involved and stay involved we do not tolerate behavior that crosses the line into abuse, including behavior that harasses, intimidates, or uses fear to discourage or silence another member.  Any accounts and related accounts engaging in the activities specified below may be temporarily locked and/or subject to permanent suspension.

  • Violent threats (direct or indirect): You may not make threats of violence or promote violence, including threatening or promoting terrorism. 
  • Harassment: You may not incite or engage in the targeted abuse or harassment of others. Some of the factors that we may consider when evaluating abusive behavior include:
    • if a primary purpose of the reported account is to harass or send abusive messages to others;
    • if the reported behavior is one-sided or includes threats;
    • if the reported account is inciting others to harass another account; and
    • if the reported account is sending harassing messages to an account from multiple accounts.
  • Hateful conduct: You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. 
  • Multiple account abuse: Creating multiple accounts with overlapping uses or in order to evade the temporary or permanent suspension of a separate account is not allowed.
  • Private information: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address, or Social Security/National Identity numbers. In addition, you may not post intimate photos or videos that were taken or distributed without the subject’s consent. Read more about our private information policy here.
  • Impersonation: You may not impersonate others through the Gauntlet Services in a manner that is intended to or does mislead, confuse, or deceive others.
  • Self-harm: You may encounter someone considering suicide or self harm within the Gauntlet Services. When we receive reports that a person is threatening suicide or self harm, we may take a number of steps to assist them, such as reaching out to that person expressing our concern and the concern of other users on GauntletChallenge or providing resources such as contact information for our mental health partners.

 

Spam

 

We strive to protect people in GauntletChallenge from technical abuse and spam. Any accounts engaging in the activities specified below may be temporarily locked or subject to permanent suspension.

  • Username squatting: You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors we take into consideration when determining what conduct is considered to be username squatting are:
    • the number of accounts created;
    • creating accounts for the purpose of preventing others from using those account names;
    • creating accounts for the purpose of selling those accounts; and
    • using feeds of third-party content to update and maintain accounts under the names of those third parties.
  • Selling usernames: You may not buy or sell GauntletChallenge usernames. 
  • Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another person’s browser or computer or to compromise a person’s privacy. 
  • Spam: You may not use the Gauntlet Service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers.
  • Accounts under investigation may be removed from search for quality.  We reserve the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.

 

Please note that we may need to change these rules from time to time and reserve the right to do so. The most current version of the Rules will govern your use of the Gauntlet Services and will always be available within Gauntlet Services, within the mobile App under the legal section.

 

Effective: June 4, 2017

Right now we can get on with the GauntletChallenges, better & consistent training, having more fun, go get ‘em  ☺