Chess Masters Online

Introduction and Acceptance

Welcome to Chess Masters Online. These Terms of Use constitute a legally binding agreement between you and Chess Masters Online ("we," "our," or "us") governing your access to and use of the Chess Masters Online website, mobile application, and all related services (collectively, the "Platform"). By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not access or use our Platform.

We reserve the right to modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting on our Platform. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to check this page periodically for changes. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and/or by sending an email notification to users who have provided contact information.

Eligibility and Registration

To access certain features of our Platform, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by our registration forms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

By using our Platform, you represent and warrant that you are at least 13 years of age. If you are under 18 years of age, you represent that you have your parent or guardian's permission to use the Platform and that they have read and agreed to these Terms of Use on your behalf. We reserve the right to request proof of age verification at any time, and your account may be suspended until satisfactory proof is provided.

You may not use our Platform if you have previously been banned or had your account terminated for violations of our Terms of Use or if you are prohibited from receiving our services under applicable law.

User Conduct and Prohibited Activities

As a user of our Platform, you agree to use it only for lawful purposes and in accordance with these Terms of Use. You agree not to engage in any of the following prohibited activities:

Using the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform. Using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. Using any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent. Using any device, software, or routine that interferes with the proper working of the Platform. Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform. Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack. Impersonating or attempting to impersonate Chess Masters Online, a Chess Masters Online employee, another user, or any other person or entity. Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Chess Masters Online or users of the Platform or expose them to liability.

Additionally, with respect to our chess gaming services specifically, you agree not to:

Use chess engines, bots, or any automated assistance during gameplay unless explicitly permitted in specific game modes. Manipulate your rating or game results through any means, including intentionally losing games or colluding with other players. Harass, abuse, or intimidate other players through in-game chat or other communication features. Exploit bugs or glitches in the Platform. Engage in any form of cheating or unsportsmanlike conduct. Sell, trade, or transfer your account to another person without our express written consent.

User Content

Our Platform may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are solely responsible for the User Content that you post, upload, link, or otherwise make available via the Platform.

By posting User Content on or through the Platform, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Platform for the purposes of providing and promoting our services. You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms of Use, and (ii) the posting of your User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve the right to remove any User Content from the Platform at our discretion, without prior notice and without liability, if we determine that such User Content violates these Terms of Use or is otherwise objectionable. 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 these Terms of Use, 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 Chess Masters Online, its users and the public.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Chess Masters Online, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: Modify copies of any materials from the Platform. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform. Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: [email protected].

Subscription Services and Payments

Chess Masters Online offers both free and premium subscription services. By signing up for a premium subscription, you agree to pay all fees applicable to your subscription level. We use third-party payment processors to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms of Use.

All subscription fees are stated in U.S. dollars and do not include any taxes or duties that may be imposed by applicable tax authorities. You are responsible for paying all such taxes or duties.

Subscriptions automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You can cancel your subscription at any time through your account settings or by contacting our customer support team. If you cancel your subscription, you will continue to have access to premium features until the end of your current billing period, but you will not receive a refund for any unused portion of your subscription.

We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on the Platform or in email to you, at our option, at least 14 days before the change is to take effect. Your continued use of the subscription after the fee change becomes effective constitutes your agreement to pay the changed amount.

Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Use.

If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Platform will immediately cease. If your account is terminated due to your breach of these Terms of Use, you may be prohibited from registering a new account on the Platform.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHESS MASTERS ONLINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

CHESS MASTERS ONLINE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHESS MASTERS ONLINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE PLATFORM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL CHESS MASTERS ONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CHESS MASTERS ONLINE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF CHESS MASTERS ONLINE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Chess Masters Online, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

By agreeing to these Terms of Use, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Waiver and Severability

No waiver by Chess Masters Online of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Chess Masters Online to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and Chess Masters Online with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

Email: [email protected]

Postal Address: Chess Masters Online
123 Game Street
Suite 456
Digital City, DC 78901
United States