Terms of use

Chessity Terms of use

(last updated on September 1, 2011)

Welcome to Chessity.com.

The web pages available at www.Chessity.com and all sub-domains thereof (the
“Site”) are owned and operated by Chessity, BV. (the “Company”, “us”, “we”, and
“our”), a Dutch corporation, and are accessed by you and/or your agents,
employs, or assigns (the “Subscriber”, “user”, “you” or “your”) under the
following terms and conditions. All of our programs, games and services (as
described more fully on the Site) (the “Services”) are governed by the Terms of
Service (the “Terms”, the “Terms of Service”, or the “Agreement”).

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT
AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE
SITE AND CEASE USING THE SERVICES.

We may, from time to time, update or revise the Terms of Service. If we update or
revise the Terms of Service, we will notify you either by email to your most recently-provided
e-mail address, or by posting the updated or revised Terms of Service on the
Site. Your use of the Site following any such update or revision constitutes
your agreement to follow and be bound by the Terms of Service as updated or
revised. You can view the most current Terms of Service at any time by clicking
on the Terms of Service link at the bottom of the Site’s home page. It is your
responsibility to review the Terms of Service periodically.

If you violate the Terms of Service, we may terminate any and all accounts you have
established at the Site (your “Account(s)”). You acknowledge that the Company
is not required to provide you notice before it so terminates your Account(s).

 

Your Content on the site

  1. Responsibility of Contributors. If you
    comment on the site, post material to the Website, post links to the Website,
    or otherwise make (or allow any third party to make) material available by
    means of the Website (any such material, "Content"), You are entirely
    responsible for the content of, and any harm resulting from, that Content. That
    is the case regardless of whether the Content in question constitutes text,
    graphics, an audio file, or computer software. By making Content available, you
    represent and warrant that:
    1. not to post messages that contain
      material that is inappropriate, profane, defamatory, infringing, obscene, or
      indecent. This includes any content that infringes any patent, trademark, trade
      secret, copyright or other proprietary rights of any party. You agree to give
      attribution to others when you quote or paraphrase materials owned by others.
    2. if your employer has rights to
      intellectual property you create, you have either (i) received permission from
      your employer to post or make available the Content, including but not limited
      to any software, or (ii) secured from your employer a waiver as to all rights
      in or to the Content;
    3. you have fully complied with any
      third-party licenses relating to the Content, and have done all things
      necessary to successfully pass through to end users any required terms;
    4. the Content does not contain or
      install any viruses, worms, malware, Trojan horses or other harmful or
      destructive content;
    5. the Content is not spam, is not
      machine- or randomly-generated, and does not contain unethical or unwanted
      commercial content designed to drive traffic to third party sites or boost the
      search engine rankings of third party sites, or to further unlawful acts (such
      as phishing) or mislead recipients as to the source of the material (such as
      spoofing);
    6. the Content is not libelous or defamatory, does not contain threats or incite
      violence towards individuals or entities, and does not violate the privacy or
      publicity rights of any third party;
    7. any Content you make available is
      not getting advertised via unwanted electronic messages such as spam links on
      newsgroups, email lists, blogs and web sites, and similar unsolicited
      promotional methods;
    8. your content is not presented in a
      manner that misleads your readers into thinking that you are another person or
      company. For example, your username is not the name of a real person other than
      yourself or company other than your own;
    9. and you have, in the case of Content that includes computer code, accurately
      categorized and/or described the type, nature, uses and effects of the
      materials, whether requested to do so by Chessity or otherwise.
    10. By submitting Content to the Chessity Website, you grant Chessity a world-wide,
      royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
      the Content. An example of such usage would be the publication of a book or
      article containing a collection of tactical problems and the user comments and
      quality ratings associated with them.

2.Without limiting any of those representations or warranties, Chessity has the right
(though not the obligation) to, in Chessity’s sole discretion (i) refuse or
remove any content that, in Chessity’s reasonable opinion, violates any Chessity
policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
Chessity’s sole discretion. Chessity will have no obligation to provide a
refund of any amounts previously paid.

3.Limitations of use. You agree not to use any form of outside assistance during activities
that involve a rating or ranking of users on the Website. This assistance
includes , but is not limited to, computer chess engines or other analysis
tools, other chess websites, other people, chess tablebases, chess databases
and chess books or other printed material related to chess.

Site content

You are on notice that all materials displayed or performed on the Site (including, but
not limited to text, graphics, games, applications, news articles, photographs,
images, illustrations, audio clips and video clips, chess puzzles, collectively, the
“Content”) may constitute our intellectual property and accordingly would be
protected by copyright and/or trademark, pursuant to Netherlands copyright
laws, international conventions, and other copyright laws. The Site and the
Content may only be used in accordance with the Terms of Service. You may not
modify, publish, transmit, participate in the transfer or sale of, reproduce
(unless otherwise provided in the Terms of Service), create derivative works
based on, distribute, perform, display, or in any way exploit, any of the
Content, software, materials, or Services in whole or in part.

You shall abide by all copyright notices, information, and restrictions contained in any
Content accessed through the Site. You may access the Content, and other items
displayed on the Site for personal use only. You shall not store any of the
Content in any form from the Site unless otherwise explicitly permitted on the
Site. Downloading, copying or storing of any Content is expressly prohibited
without the prior written permission from the Company, or from such other
copyright holder as may be identified in such Content’s copyright notice. Your
use or access of the Site does not grant you any rights in or to the
intellectual property of the Company or any third-party.

You agree not to crack or attempt to crack the Site’s flash (.SWF) files. You understand
that all patterns, logarithms, algorithms, and data in the Site’s flash files,
and in the servers driving the flash files, are Company’s proprietary
information.

Registration

When you finish the registration process, you officially become a Subscriber of Chessity.
Your membership allows you access to certain Content and Services on the Site.
You are required to provide the Company with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach of the
Terms of Service, which may result in immediate termination of your Account(s).

Subscriber may not (i) select or use as a Chessity User ID a name of another person with
the intent to impersonate that person or (ii) use as a Chessity User ID a name
subject to any rights of a person other than Subscriber without appropriate
authorization. The Company reserves the right to refuse registration of, or
cancel a User ID in its discretion. Also, Subscriber shall be solely
responsible for maintaining the confidentiality of passwords to Subscriber's
Account(s).

You are solely responsible for all activity on your Account(s) and for the security of
your computer systems. You agree to indemnify and hold the Company harmless for
any improper or illegal use of your Account(s). including but not limited to
illegal or improper use by someone who has received permission to use your
Account(s). Your Account(s) is / are subject to termination if you or anyone
using your Account(s) violates the Terms of Service.

 

Consent to receive mail

If you register to use the Site and Services, you hereby consent to receive periodic
newsletters and other types of email communications from Company, including
customer service issues, new product offers and other matters. You may choose
to opt out of certain newsletter and announcement email correspondence; however,
Company reserves the right to email you at any time regarding issues related to
your account and your use of the Site and Service.

 

Licence

In consideration for your agreement to the Terms of Service, the Company grants
you a personal, non-exclusive, non-sublicensable, non-transferable, revocable
license to access and make personal use the Site and related Content subject to
the terms and conditions set forth in the Terms of Service or such other terms
and conditions as may be set forth on the Site.

Subscription fees, payment and trail memberships

Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as
described on the Site in connection with such Services selected by Subscriber.
The Company reserves the right to change its price list and to institute new
charges at any time, upon ten (10) days prior notice to Subscriber, which may
be sent by email or posted on the Site. Use of the Services by Subscriber
following such notification constitutes Subscriber's acceptance of any new or
increased charges or other changes. If any such new or increased charges or
other changes are unacceptable to you, you may cancel your subscription at any
time by accessing the “Your Account” link on the site. However, the Company is
not obligated to refund any fees that have accrued to your Account(s) before
the cancellation. Additionally, the Company will not prorate fees for any
subscription.

Fees may be based on one-time or subscription payments as more fully described on the Site.
You may pay the subscription fees with a valid credit card or paypal that is
under your own name or that you are authorized to use for such purpose.
Recurring subscription fees paid by credit card will automatically renew,
unless you affirmatively cancel your subscription by prior to the beginning of
the next applicable period for which the subscription corresponds. For each
month that your subscription is active, you acknowledge and agree that the
Company is authorized to charge the same credit card for the subscription fee.
You agree to promptly notify the Company of any changes to your credit card
while any subscriptions remain outstanding.

You are responsible for all applicable fees and charges incurred, including applicable
taxes, and all subscriptions made by you or by anyone that has used your
Account(s), including your family or friends.

From time to time, we may offer a free trial membership or other promotions. If you
accept a free trial membership or a promotion, we will begin to bill your
credit card at the conclusion of the free trial or according to the terms and
conditions outlined in the promotion. If you do not wish to be charged, you
should cancel your Account(s) prior to the end of the trial period or in
accordance with the applicable promotion rules.

 

Access to the service

Subject to these Terms of Service, the Company may offer to provide certain Services as
are selected by Subscriber through the process provided on the Site, solely for
Subscriber’s own personal use, and not for the use or benefit of any third
party. Services shall include, but not be limited to, any services the Company
performs for Subscriber, as well as the offering of any content on the Site.
The Company may change, suspend or discontinue the Services at any time,
including the availability of any feature, database, or content. The Company
may also impose limits on certain features and Services or restrict
Subscriber’s access to parts or all of the Services without notice or
liability.

SUBSCRIBER CERTIFIES TO THE COMPANY THAT, IF SUBSCRIBER IS AN INDIVIDUAL (I.E., NOT AN
ENTITY), THAT SUBSCRIBER IS AT LEAST 18 YEARS OF AGE. Subscriber also certifies
that if Subscriber is an entity, all users of Subscriber’s username and
password are at least 18 years of age. Likewise, if Subscriber is an entity,
you certify that you are authorized to establish an Account(s), access, and use
the Site and enter into and pay for any subscriptions on behalf of the
Subscriber. You also certify that you are legally permitted to use the Services
and access the Site, and take full responsibility for the selection and use of
the Services and access to the Site. The Terms of Service are void where
prohibited by law, and the right to access the Site and Services are revoked in
such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary
services needed to connect to, access the Site or otherwise use the Services,
including, without limitation, modems, hardware, software, internet service and
long distance or local telephone service. Subscriber shall be solely
responsible for ensuring that such equipment or ancillary services are
compatible with the Services.

 

Termination and refund policy

You may terminate certain of the Services at any time by notifying the clicking on the
“Your Account” link or emailing us at contact@Chessity.com. Company may also
terminate or suspend any and all Services and access to the Site immediately,
without prior notice or liability, if Subscriber breaches any of the terms or
conditions of the Terms of Service. Any fees paid or accrued hereunder are
non-refundable.

Upon termination of the Subscriber's Account(s), Subscriber’s right to use the
Services, access the Site, and any Content as provided in the Terms of Service
will immediately cease. All provisions of the Terms of Service, which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity, medical
disclaimer, limitations of liability and miscellaneous.

 

Link to other web sites and services

This Site contains links to other websites. The Company does not endorse these websites,
is not responsible for them, and does not control the availability, accuracy,
reliability, content, associated links, privacy and security practices,
resources, or services associated with a third party site. You agree that
Company shall not be liable for any loss or damage of any sort associated with
your use of third party content. Links and access to these sites are provided
for your convenience only and should you choose to access such other sites you
acknowledge that you do so voluntarily and assume all risk.

 

Restriction

Subscriber is solely responsible for all of its activity in connection with the Services
and accessing the Site. Any fraudulent, abusive, illegal or otherwise
inappropriate activity are grounds for termination of Subscriber’s right to
Services or to access the Site. Subscriber may not post or transmit, or cause to
be posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private information from any other
Subscriber.

 

Warrenty disclaimer 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. USEER AGREES THAT USE OF THE SITE AND SERVICES ARE
AT HIS/HER/ITS OWN SOLE RISK AND THAT THE SERVICES, CONTENT, SITE AND ANY
SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY MAINTAINS THE SITE ON A
COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS
TO THE SITE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR
SOLE RISK. YOU WILL NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS
FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) THE
SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.

 

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE,
TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF THE SITE
AND/OR SERVICES. YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING
CATASTROPHIC DISK FAILURE WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE
THAT YOU WILL NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM
SUCH LOSS.

 

Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR
EMPLOYEES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (I) ANY AMOUNT
IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR; (II) LOST
PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION
GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF THE
SITE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THE COMPANY DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE
SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK
AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND
YOU. YOU UNDERSTAND THAT THE SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS.

 

Liquidated damages

You acknowledge and agree that it would be difficult to ascertain the exact amount
of damages that Company would suffer as the result of the theft of Content,
especially if stolen Content is exploited for commercial use on a website or
any other digital medium. Therefore, you agree that, in the event you steal,
copy without authorization or otherwise misappropriate Content, Company is
entitled to recover from you liquidated damages in the amount of Ten thousand (10,000.00)
Euro per graphic or image, and twenty thousand (20,000.00) Euro per game,
exercise, or application that is stolen, copied without authorization or
otherwise misappropriated. You agree that this amount represents a reasonable,
minimal, estimate of the damage that Company would suffer but does not in any
way limit actual damages, if so pursued. ANY ACTION BY THE COMPANY TO ENFORCE
THIS SECTION SHALL NOT BE DEEMED A WAIVER OF COMPANY’S RIGHT TO PURSUE, AT
COMPANY’S SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO IT UNDER
THIS AGREEMENT OR BY LAW.

 

 

Indemnity

Subscriber will indemnify and hold the Company, its parents, subsidiaries, affiliates,
officers and/or employees, harmless, including by paying costs and attorneys'
fees, from any claim or demand made by any third party due to or arising out of
Subscriber’s access to the Site, use of the Services, the violation of the
Terms of Use by Subscriber, or the infringement by Subscriber, or any third
party using the Subscriber's Account(s), of any intellectual property or other
right of any person or entity.

If you suspect that anyone is violating the above rules, you may report your concerns
to: info@Chessity.com 

Prohibited uses

Without limitation to other prohibited uses specified elsewhere in this Agreement, you
are prohibited from violating or attempting to violate any security features of
the Site or Service, including, without limitation,

 (a) accessing content or data not intended for
you, or logging onto a server or account that you are not authorized to access;

 (b) attempting to probe, scan, or test the
vulnerability of the Services, the Site, or any associated system or network,
or to breach security or authentication measures without proper authorization;

 (c) interfering or attempting to interfere
with service to any user, host, or network, including, without limitation, by
means of submitting a virus to the Site or Services, overloading, “flooding,”
“spamming,” “mail bombing,” or “crashing;”

 (d) using the Site or Services to send
unsolicited e-mail, including, without limitation, promotions, or
advertisements for products or services;

 (e) forging any TCP/IP packet header or any
part of the header information in any e-mail or in any posting using the
Services; or

 (f) attempting to modify, reverse-engineer,
decompile, disassemble, or otherwise reduce or attempt to reduce to a
human-perceivable form any of the source code used by Company in providing the
Site or Services. Any violation of system or network security may subject you
to significant civil and/or criminal liability.