Last Updated: 25/02/2018
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE FULLY AND CAREFULLY BEFORE USING Chess4ever (the “Site”) AND THE SERVICES, FEATURES, CONTENT OR APPLICATIONS OFFERED BY Chess4ever (“We”, “Us” or “Our”) (TOGETHER WITH THE SITE, THE “Services”). PRESSING THE “I AGREE” BUTTON, OR OTHERWISE ORDERING, INSTALLING OR USING THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT ON YOUR BEHALF.
These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. If you cannot agree to and/or comply with this Agreement and its requirements, you are expressly prohibited from use of the Services and must immediately exit the Site.
2. USING THE SERVICE
2.2 Certain parts of the Services may be subject to additional terms and conditions specified therein. Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
2.3 These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials, registered or otherwise.
4. CREATING AN ACCOUNT
4.2 You shall not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; (iii) or use as a username a name that is otherwise offensive, vulgar or obscene.
4.3 You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or e-mail or registration information for the Services without permission. You must notify Us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
5.2 By submitting User Content through the Services, you hereby do and shall grant Us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, display, perform, and otherwise fully exploit the User Content in connection with the Services. You represent and warrant that you have all rights to grant such licenses to Us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
5.3 “Content” means information, data, text, photographs, videos, audio clips, written posts and comments, and interactive features generated, provided, or otherwise made accessible on or through the Services.
5.4 The Services may contain Content specifically provided by Us, Our partners or Our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
5.5 Chess4ever hereby expressly disclaims any warranty with respect to the Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
5.6 We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any Content in Our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if We are concerned that you may have violated these Terms of Service), or for no reason at all; and (ii) remove or block any Content from the Services. We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms of Service, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Us, Our users and the public.
6. RULES OF CONDUCT
6.2 User Content Prohibitions. You shall not (and shall not permit any third party to) either (a) take any action; or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Services, that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Us in Our sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (vi) impersonates any person or entity, including any of Our employees or representatives; or (vii) includes anyone’s identification documents or sensitive financial information.
6.3 General Prohibitions. You shall not (i) take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our (or Our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures We may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of Our guidelines and policies. In addition, You shall not (directly or indirectly) (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
7. THIRD PARTY SERVICES
7.2 The Services rely on third party cloud storage services. Nevertheless, We are not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
7.3 These other resources are not under Our control, and you acknowledge that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply Our endorsement or any association between Us and their operators. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
9. WARRANTY DISCLAIMER
WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
11. LIMITATION OF LIABILITY
12. GOVERNING LAW AND JURISDICTION
We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While We will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
15.2 Force Majeure. We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
15.3 Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.
15.4 Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
15.5 Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
15.6 No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of Our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, We must provide you with written notice of such waiver through one of Our authorized representatives.
15.7 Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
16. CONTACT US