Terms of Service
Contained herein are the Terms of Service (hereafter referred to as TOS) as outlined for users of and visitors of 365Chess.com (hereafter referred as 365Chess, 365Chess.com, Website or the Site).
Please read this Agreement carefully before accessing or using the Website. By entering the site, you agree to become bound by all of the items outlined herein. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Conditions Of Use
1. By accesing this site you are agreeing to abide by all of the provisions set forth in this Agreement between You ("the user") and 365Chess.com ("we").
If you do not agree to these Terms and Conditions, do not use this site.
2. 365Chess.com reserves the right to make changes to this agreement at any time. Such changes will be publicly announced to registered users via email, popup screens, or be placed within noticeable areas on the site. If you disagree with outlined changes to these terms, you (the user) may terminate your membership and discontinue use of our service at any time.
3. We may discontinue, change, or suspend any aspect of the site at any time. We may change, discontinue, or suspend the availability of any database, content, feature, or product of the Site. We may impose limits on features, including services, use, or restrict your access to parts or the entire Site without notice or liability.
4. By registering our site you declare that you are of legal age to form a binding contract. Parents or guardians of children under the age of 13 who wish to allow their children access to the Site must create an account. The parent or guardian takes full responsibility for all obligations under this Agreement and should monitor the child's usage.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form 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 if 365Chess.com has reasonable suspects of that, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
5. You are responsible for maintaining the security of your account (including the confidentiality of the password ) and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 365Chess may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause 365Chess liability.
You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. 365Cess will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
6. If you decide to become a paying member, your Account will be given a premium supporter membership status after receipt and verification of the subscription fees. All subscriptions are in US dollars. Subscribers are guaranteed to receive the services outlined on the subscription page for the duration of their subscription. You may terminate your premium membership status at any time contact us by email to firstname.lastname@example.org. If you terminate your Account the status of your account will expire immediately and you may get a full or partial refund upon request.
7. You agree that we may terminate this Agreement and/or suspend your Account immediately and without prior notice: (i) if you breache or violate any provision of this Agreement; (ii) if requested by law enforcement or other government agencies; (iii) if requested by you; (iv) if you infringe any third party intellectual property rights or any fraudulent or illegal activities; (v) in case of discontinuance or material modification to the Site (or any part thereof). In which case we may provide you with a prorated refund of any prepaid amounts; (vi) if we are unable to verify or authenticate any information you provide to us; (vii) if you occur in extended periods of inactivity; (vii) if you engage in any activity whatsoever which we, in our discretion, determine is inappropriate and/or in violation of any rule or guideline.
If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund.
8. As part of the services offered by the site, you can provide or upload content to our servers in various forms such as: games, comments, profile images, etc. By making Content available, you represent and warrant that will not: (i) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (ii) violate any law or regulation; (iii) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iv) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, decrypt, intercept or expropriate any system, data or personal information.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(ii) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE INFORMATION CONTAINED HEREIN.
(iii) MAKE NO WARRANTY (a) THAT THE SERVICE WILL BE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE; (b) THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT, AND THERE MAY BE EXTENDED PERIODS OF TIME WHEN YOU CANNOT ACCESS YOUR ACCOUNT; (c) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (e) THAT THE SERVICE, PRODUCTS OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (e) THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE.
(iv) YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE IN CONNECTION WITH YOUR HARDWARE, AND YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION OF YOUR HARDWARE. WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL.
(v) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(vi) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION ON THIS SITE, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BARE TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO US DURING YOUR LAST SUBSCRIPTION FOR PRODUCTS PURCHASED ON THIS SITE.
(vi) APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.