Marketplace Policy
Challengermode AB ("Challengermode," "we," "us," or "our"), a Swedish limited liability corporation with registration no. 556989-7498 and with registered address Malmskillnadsgatan 36, 111 57 Stockholm, Sweden, provides a digital competitive gaming platform that offers an online esports infrastructure to key stakeholders in the industry including players, organizers and game developers, available at https://www.challengermode.com (the "Platform").
Services sold or bought on the esports marketplace in the Platform (the "Marketplace") are regulated by the terms of use of the Platform (the "Terms") and this policy (the "Marketplace Policy"). The Marketplace Policy stipulates specific rules regarding the Marketplace and is applicable in addition to the Terms.
A reference to "You" shall mean the Seller or the Buyer (both defined below) or another user of the Marketplace, as applicable.
1.
How can I use the Marketplace?
Users who want to offer their services on the Marketplace (each a "Seller") can sell esports services, such as esports coaching, through the Marketplace by creating a listing of the services they want to offer. Other users who browse listings of services offered by the Sellers in the Marketplace or purchase such services are referred to as "Buyers".
2.
How do I buy or sell a service on the Marketplace?
When Sellers wish to sell a service on the Marketplace, they create a listing that can be seen by anyone on the Marketplace. When a Buyer purchases a service on the Marketplace, such purchase is referred to as a "Deal" between the Seller and the Buyer. A listing shall contain information about what the Seller is offering, the price of the offering(s), relevant conditions for the delivery of the service, and other pertinent information depending on the specific service offered.
A Deal is between the Seller and the Buyer and Challengermode shall not be construed as a participant in such transaction in any way.
After completing a Deal, whether it is successful or not, the Buyer may rate the services offered by the Seller through a five-star system ("Rating System"). This rating can be used by other Buyers to determine the quality of the services offered by the Seller and may be used by Challengermode to rank, sort or filter among various listings when displaying listings to potential Buyers browsing the Marketplace.
For more information on how the Marketplace works or for help, please visit our Help Center or contact us at support@challengermode.com.
3.
What does it cost to post a listing on the Marketplace?
It is free to post a listing on the Marketplace. Challengermode charges a platform fee ("Listing Fee") on services sold on the Marketplace in accordance with Challengermode’s applicable price list.
Challengermode reserves the right to increase, decrease or waive the Listing Fee. The Listing Fee may be changed for individual Sellers as deemed appropriate by Challengermode.
4.
What kind of Services can be sold on the Marketplace?
It is possible to sell any kind of esports and gaming related service currently provided as a "category" in the Marketplace. This includes, but is not limited to, esports coaching, esports shoutcasting/live commentary, esports tournament administration, graphic design and more.
Challengermode will review new listings published on the Marketplace to ensure they meet our general content guidelines and policies. Challengermode will attempt to verify the statements made on the listings by the Sellers to the best of our abilities but make no guarantees as to the veracity of such statements. A Buyer should always make an independent assessment and read the ratings or other sources of information to determine whether to buy a listed service or not, and Challengermode shall not be held liable for any information or faulty statements regarding the services offered on the Marketplace. Challengermode’s review of new listings generally takes up to 24 hours from the time of publishing but in some cases the review process may take longer. Challengermode is under no obligation to provide a reason for this and does not guarantee that a new listing will be approved, either within 24 hours or at all.
5.
What kind of Services can't be sold on the marketplace?
Buying or selling services regarding any of the following is prohibited on the Marketplace:
- Drugs, medicals and the like;
- Animals;
- Weapons, ammunition and explosives;
- Alcohol;
- Healthcare;
- ID cards, licenses, police insignia, government documents, birth certificates;
- Pornography or sexually explicit content;
- personal or sexual relationships; or
- Services which are prohibited by applicable law.
Listings posted on the Marketplace may not contain deceptive, false, misleading, or offensive content.
Moreover, listings may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark.
A listing must not wrongfully discriminate or suggest a preference for or against people because of a personal characteristic, including, but not limited to, race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, or medical or genetic condition. Listings must comply with all applicable laws prohibiting discrimination.
Seller’s whose listings are removed from the Marketplace may question such removal by contacting support@challangermode.com.
Any listings on the Marketplace that does not abide by the Terms or the Marketplace Policy shall be reported to support@challangermode.com.
The information in this section 5 is not exhaustive. Sellers and Buyers are also responsible for complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including but not limited to, the removal of posted content. If a Seller repeatedly posts content that violates the Terms and the Marketplace Policy, Challengermode may take additional actions as it deems necessary. Challengermode reserves the right to reject, approve or remove any listings on the Marketplace for any reason, in its sole discretion.
6.
Monetization requirements
In order to enable monetization and start earning money in a Marketplace the Seller needs to meet and accept the following requirements:
- If You are a natural person, be at least eighteen (18) years of age;
- Provide Your full residential address, including legal name and country;
- Provide a verified phone number;
- Provide a VAT number or corporate identification number if You are a representative of a business entity, along with the address if different from their personal address; and
- Provide valid payment details, such as Your PayPal account, or other alternative payment methods that are offered through the Platform at that time.
- That Challengermode will, on your behalf, charge Buyers by issuing an invoice on Challengermode for the services You sell on the Marketplace.
Challengermode may revoke the Seller’s monetization privileges at any time should the Seller seize to meet the requirements listed above, or otherwise be in material breach of the Terms or the Marketplace Policy. Any accrued earnings at that point may be withdrawn by the Seller as long as such earnings have not been made unlawfully or in breach of the Terms or the Marketplace Policy.
7.
How do I withdraw earnings made from successfully completed Deals?
Any earnings made from the Deals provided through the Marketplace are automatically credited to the Seller’s user account in the Platform and the Seller may withdraw these funds at any time, subject to the Terms and the Marketplace Policy.
It is currently only possible to withdraw funds via the third-party payment provider PayPal.
8.
Payment
Payments made for services in the Marketplace are held temporarily in escrow by Challengermode as the Buyer and the Seller are connected through the Platform. Once the service has been delivered per the agreement between the Marketplace Provider and the Buyer, the payment is released to the Seller minus the Listing Fee.
Challengermode will only, as deemed necessary in its sole discretion, provide support for transactions, Deals or offerings made in the Marketplace.
9.
Taxes and VAT
All prices are calculated and shown including VAT. The VAT rate will differ depending on the country of origin of the Buyer and the Seller. The Listing Fee levied on each transaction is calculated on the total price of the service sold, including VAT.
It is the sole responsibility of the Seller to declare any VAT, VAT equivalent or income taxes as required by their respective national, provincial, state, and local laws and regulations.
Upon the Seller’s request (which shall not be excessive or unreasonable), Challengermode may provide the Seller with a statement of the Deals detailing the total transaction values, Listing Fees and VAT based on the sales made for income reporting purposes.
Deals made between the Seller and the Buyer in the Marketplace are not to be seen as services sold by Challengermode. Challengermode provides a Platform where Sellers and Buyers can interact and Challengermode shall not be construed as a participant in transactions between Sellers and Buyers in any way.
Furthermore, Sellers are independent legal persons or businesses and not in any way employed or hired as contractors by Challengermode. As such, selling or offering services through the Marketplace shall not be construed as an employment relationship with Challengermode.
10.
Marketplace content
You grant Challengermode and its affiliates, partners and distributors, a non-exclusive, worldwide, royalty-free, perpetual, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of the content in the Marketplace ("Marketplace Content") submitted by You, in any form, media, or technology, for the purpose of providing, developing and marketing the Marketplace. You hereby waive, to the fullest extent possible under applicable law, any moral rights You may have to the Marketplace Content.
You hereby represent and warrant that You have all rights necessary to grant Challengermode and its affiliates the license in section 10.1 above.
11.
Anti-Money Laundering Reporting
Challengermode need to comply with the Money Laundering and Terrorist Financing Prevention Act (Sw. Lag (2009:62) om åtgärder mot penningtvätt och finansiering av terrorism) and any other associated regulations. Challengermode shall check all transactions and report any suspicious transaction to the relevant competent authorities in Sweden.
If You become aware of any suspicious activity relating to the Marketplace, You must report this to Challengermode immediately.
Challengermode may suspend, block or withhold funds, in accordance with the abovementioned act.
12.
Returns and Cancellations
Challengermode does not provide any refunds once a Deal has been completed, unless the Seller wishes to do so and instruct us thereof. In case the services have not been delivered as stated in the listing, the Buyer can inform us and we will review the matter.
Although the Seller is obligated to fulfil a purchased service as stated in a listing, in case of a dispute between the Buyer and the Seller, it is possible to cancel the Deal before it has been completed. Any funds held in escrow by Challengermode at the time of cancellation will then be released back to the Buyer. Once a Deal has been successfully completed or otherwise closed, no such cancellations or refunds are possible.
Challengermode can, but is not required to, provide support on issues related to the buying or selling of services between Sellers and Buyers on the Marketplace.
13.
Disclaimer of Warranties; Limitation of Liability
Challengermode tries to keep the Marketplace safe, secure, and functioning properly, but cannot guarantee the continuous operation of or access to the Marketplace. You agree that Your use of the Marketplace is at Your own risk and that the Marketplace is provided "AS IS" and on an "AS AVAILABLE" basis.
In addition, to the extent permitted by applicable law, Challengermode is not liable, and You agree to not hold Challengermode responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- any content on the Marketplace;
- use of or inability to use the Marketplace;
- pricing, shipping, format, or other guidance provided by Challengermode;
- delays or disruptions in the Marketplace;
- viruses or other malicious software obtained by accessing or linking the Marketplace;
- glitches, bugs, errors, or inaccuracies of any kind in the Marketplace;
- a suspension or other action taken with respect to You;
- the duration or manner in which listing appears on the Marketplace; or
- changes to the Terms and Marketplace Policy.
Challengermode’s total liability to You under this Marketplace Policy for any damages or losses incurred by You shall, to the furthest extent permitted by applicable law, be limited to EUR one thousand (1000).
14.
Indemnification
To such an extent as permitted by applicable law, You agree to indemnify, defend, and hold harmless Challengermode, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns in respect of all claims, costs (including reasonable legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with Your misuse of the Marketplace or any other violations by You of the Terms and Marketplace Policy. Challengermode retains the right to assume the exclusive defense and control of any claim supporting indemnification, and in such cases, You agree to cooperate with Challengermode to defend any such claim. You will not settle any claim covered by this section 14 and the disclaimer of warranties without Challengermode's prior written approval.
15.
Local Laws
You are subject to all laws of the province, state, and/or country in which You reside and from which You access the Marketplace and is solely responsible for obeying the laws of such jurisdiction. You agree that Challengermode and its affiliates cannot be held liable if applicable law restricts or prohibits Your use of the Marketplace. Challengermode and its affiliates make no representations or warranties, implicit or explicit, as to Your legal right to use the Marketplace or other services through the Platform nor shall any person affiliated, or claiming affiliation, with Challengermode and its affiliates have authority to make any such representations or warranties. Challengermode and its affiliates reserve the right to monitor the location from which You access the Marketplace and to block access from any jurisdiction in which participation is illegal or restricted.
16.
Changes
We reserve the right to change or amend this Marketplace Policy with future effect, in particular when required by mandatory laws and regulations. We will announce material changes at least thirty (30) days in advance by notification on the Platform.
17.
Governing Law and Disputes
This Marketplace Policy will be governed by and construed in accordance with the national laws and provisions of the country of Sweden, save for its conflict of law provisions. Any dispute or claim arising out of or in connection with this Marketplace Policy, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
Challengermode makes no representation that the Marketplace is operated in accordance with the laws or regulations of, or governed by, other nations.