1. ACCEPTANCE OF TERMS AND CONDITIONS OF Services (Terms Of Service)
PLEASE READ THESE TERMS AND CONDITIONS OF Services BEFORE USING THIS SITE.
By continuing to access or use this site, or any Services on this site, you signify your acceptance of these terms and conditions of Services. From time to time, chessagora.com may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of Services whenever accessing or using this site. Your use of the site, or any Services on this site, after the posting of modifications to these terms and conditions of Services will constitute your acceptance of the terms and conditions of Services, as modified. If, at any time, you do not wish to accept the terms and conditions of Services, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of Services are expressly rejected by chessagora.com and shall be of no force or effect.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the chessagora.com Servicess, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the chessagora.com Servicess under the laws of the applicable jurisdiction.
You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the chessagora.com Services's registration (sign up) form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or chessagora.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, chessagora.com has the right to suspend or terminate your account and refuse any and all current or future use of the chessagora.com Servicess (or any portion thereof).
chessagora.com is concerned about the safety and privacy of all its users. For this reason, children and teenagers under the age of 18 who wish to use the Servicess provided by chessagora.com,should use it only under permission, supervision and exclusive reponsibility of their parents or other legal guardian and only; as the legal guardian, it is your responsibility to determine whether any of the Servicess areas and/or Content are appropriate for your child, chessagora.com has no responsibility.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the chessagora.com Services's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to
(a) immediately notify chessagora.com of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
chessagora.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the Terms Of Service. Should you choose to download content from the Services, you must do so in accordance with the Terms Of Service. Such download is licensed to you by chessagora.com ONLY for your own personal, noncommercial use in accordance with the Terms Of Service and does not transfer any other rights to you.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the chessagora.com Services (including Content, advertisements, Software and your chessagora.com account data).
6. RIGHTS RESERVED
All present and future rights in and to trade secrets, patents, copyrights, trademarks, Services marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and chessagora.com, at all times be and remain the sole and exclusive property of chessagora.com. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to chessagora.com for its exclusive use. Except as specifically permitted by the Terms Of Service, you may not copy or make any use of the Services or any portion thereof. Except as specifically permitted herein, you shall not use chessagora.com's Intellectual Property Rights or the Services, or the names of any individual participant in, or contributor to, the Services, or any variations or derivatives thereof, for any purpose, without chessagora.com's prior written approval.
You agree to indemnify and hold chessagora.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim, suit, action, demand or other proceeding brought against chessagora.com, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the chessagora.com Services, your use of the chessagora.com Services, your connection to the chessagora.com Services, your violation of the Terms Of Service, or your violation of any rights of another.
8. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not chessagora.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the chessagora.com Services. chessagora.com does not control the Content posted via the chessagora.com Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the chessagora.com Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will chessagora.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the chessagora.com Services.
You agree to not use the chessagora.com Services to:
1.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.harm minors in any way;
3.impersonate any person or entity, including, but not limited to, a chessagora.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the chessagora.com Service;
5.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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7.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, except in those areas that are designated for such purpose;
8.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;
9.disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the chessagora.com Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10.interfere with or disrupt the chessagora.com Services or servers or networks connected to the chessagora.com Services, or disobey any requirements, procedures, policies or regulations of networks connected to the chessagora.com Services, including using any device, software or routine;
11.intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
12.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13."stalk" or otherwise harass another; and/or
14.collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this Terms of Service.
You acknowledge that chessagora.com may or may not pre-screen Content, but that chessagora.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the chessagora.com Services. Without limiting the foregoing, chessagora.com and its designees shall have the right to remove any Content that violates the Terms Of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by chessagora.com or submitted to chessagora.com, including without limitation information in chessagora.com forums and in all other parts of the chessagora.com Services.
You acknowledge, consent and agree that chessagora.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce the Terms Of Service;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of chessagora.com, its users and the public.
You understand that the chessagora.com Services and software embodied within the chessagora.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by chessagora.com and/or content providers who provide content to the chessagora.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the chessagora.com Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the chessagora.com Services, in whole or in part, is strictly prohibited.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that chessagora.com may establish general practices and limits concerning use of the chessagora.com Services, including without limitation the maximum number of days that personal messages, forum postings or other uploaded Content will be retained by the chessagora.com Services, the maximum number of personal messages that may be sent from or received by an account on the chessagora.com Services, the maximum size of any personal message that may be sent from or received by an account on the chessagora.com Services, the maximum disk space that will be allotted on chessagora.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the chessagora.com Services in a given period of time. You agree that chessagora.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the chessagora.com Services. You acknowledge that chessagora.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that chessagora.com reserves the right to modify these general practices and limits from time to time.
chessagora.com instant messaging, will allow you and the people with whom you communicate to copy and save your conversations in text files or other documents. Whether or not you use this feature, other users may choose to use it to save conversations with you. Your agreement to this Terms Of Service constitutes your consent to allow chessagora.com users to store these communications.
You may terminate your chessagora.com account, any associated access to the chessagora.com Services by submitting such termination request to chessagora.com.
The termination will be followed by your discontinuing of the use of the Service and destroying all materials obtained from the Service.
You agree that chessagora.com may, without prior notice, immediately terminate, limit your access to or suspend your chessagora.com account, any associated profile, and access to the chessagora.com Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to,
(a) breaches or violations of the Terms Of Service or other incorporated agreements or guidelines,
(b)requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the chessagora.com Services (or any part thereof),
(d) unexpected technical or security issues or problems,
(e) extended periods of inactivity,
(f) engagement by you in fraudulent or illegal activities, and/or
(g) nonpayment of any fees owed by you in connection with the chessagora.com Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in chessagora.com's sole discretion and that chessagora.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the chessagora.com Services.
Termination of your chessagora.com account includes any or all of the following:
(a) removal of access to all or part of the offerings within the chessagora.com Services,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of all or part of the chessagora.com Services.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(A) You agree that your use of the Services is at your sole risk and acknowledge that the Services and anything contained therein, including, but not limited to, Content, Servicess, goods or advertisements (the "Items") are provided "AS IS" and that chessagora.com makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. chessagora.com does not warrant that the Services is compatible with your equipment or that the Services is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that chessagora.com, its Suppliers and its third-party agents shall have no responsibility or liability for
(i) any injury or damages, whether caused by the negligence of chessagora.com, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Services and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against chessagora.com by any other party or
(ii) any fault, inaccuracy, omission, delay or any other failure in the Services caused by your computer equipment or arising from your use of the Services on such equipment. chessagora.com is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Services. You understand that chessagora.com and/or third-party contributors to the Services may choose at any time to inhibit or prohibit their content from being accessed under the Terms Of Service.
(B) You acknowledge that
(i) the Services is provided for information purposes only and is not intended for trading purposes,
(ii) chessagora.com does not guarantee the sequence, accuracy, completeness or timeliness of the Services and
(iii) the provision of certain parts of the Services is subject to the terms and conditions of other agreements to which chessagora.com is a party. Accordingly, anything to the contrary herein set forth notwithstanding, chessagora.com, its officers and employees, parent, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any:
(i)inaccuracies or errors or omissions;
(ii)delays, errors or interruptions in the transmission or delivery of the Services; or
(iii)loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(C) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL chessagora.com, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A chessagora.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE Services OR ANY LINKS OR ITEMS ON THE Services OR ANY PROVISION OF THE Terms Of Service, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall chessagora.com's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
12. INTELLECTUAL PROPERTY
The chessagora.com Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Services"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the E.U. , U.S. and other countries. The Service is also protected as a collective work or compilation under E.U. , U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.
The content of other Web sites, Servicess, goods or advertisements that may be linked to the Services is not maintained or controlled by chessagora.com. chessagora.com is therefore not responsible for the availability, content or accuracy of other Web sites, Servicess or goods that may be linked to, or advertised on, the Services. chessagora.com does not
(a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services,
(b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, Servicess, goods or advertisements that may be linked to the Services or
(c) make any endorsement, express or implied, of any other Web sites, Servicess, goods or advertisements that may be linked to the Services.
14. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON chessagora.com
chessagora.com does not claim ownership of Content you submit or make available for inclusion on the chessagora.com Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the chessagora.com Services, you grant chessagora.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1.With respect to Content you submit or make available for inclusion on publicly accessible areas of chessagora.com Forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the chessagora.com Services solely for the purposes of providing and promoting the specific chessagora.com forum topic to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the chessagora.com Services and will terminate at the time you remove or chessagora.com removes such Content from the chessagora.com Services.
2.With respect to phoTerms Of Service, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the chessagora.com Services other than chessagora.com forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the chessagora.com Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the chessagora.com Services and will terminate at the time you remove or chessagora.com removes such Content from the chessagora.com Services.
3.With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the chessagora.com Services other than chessagora.com Forums, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
15. GOVERNING LAWS
These terms of service shall be governed and construed in accordance with the laws of the European Union (E.U.). You agree to submit to the personal jurisdiction of the E.U. with respect to any legal proceedings that may arise in connection with the Services or from a dispute as to the interpretation or breach of the terms of service.