Terms and Conditions

ChessUnleashed.us

Subscriber Terms and Conditions and Disclaimer Agreement

ChessUnleashed.us is a service for those who love chess. All participants are required to follow the rules set forth below.

SUBSCRIBER AGREEMENT:

The Terms of Service are the entire and exclusive agreement, and constitutes the entire agreement between you (the “Subscriber”) and Chessunleashed.us and governs the Subscriber’s use of the Service, superseding and replacing any prior agreements between Subscriber and Chessunleashed.us with respect to the Service (excluding any services for which you have a separate agreement with Chessunleashed.us that is explicitly in addition or in place of these Terms of Service). If any provision of these Terms of Service are held invalid, the remainder of the Terms of Service shall continue in full force and effect. These Terms of Service and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Subscriber. Chessunleashed.us may freely assign these Terms of Service, and Subscriber expressly agrees that any intellectual property rights licensed to Chessunleashed.us hereunder, including any rights to privacy information (as defined herein), are transferrable to Chessunleashed.us’s assignee without Subscriber’s consent. The failure of Chessunleashed.us to exercise or enforce any right to provision of the Terms of Service shall not constitute a waiver of such right or provision..

Subscriber Agreement:

Paid subscriptions to ChessUnleashed.us and other services on this site are governed by the following terms and agreement:

  • Payments Payments for subscriptions can be made via PayPal or major credit cards. All subscriptions are in US dollars.
  • Services Subscribers are authorized to receive the services outlined on the subscription page for the duration of their subscription.
  • Refunds Refunds will NOT be given to subscribers who are banned from the site due to violating the Terms and Conditions of site use.
  • Conditions All subscribers are expected to use proper and courteous language in all interactions with other participants. Subscribers are prohibited from using abusive, vulgar or offensive language, and such behavior may result in the Subscriber being banned from participation with ChessUnleashed.us.
    • Privacy In order to provide and improve ChessUnleashed.us, we collect both “Personal Information” and “Non-Personal Information.” Personal information is information that can be used to identify Subscriber, such as your name, e-mail address and payment information. Non-Personal Information is information that cannot be used to identify Subscriber, such as anonymous usage, demographic information and preferences that are generated based on Subscriber’s use of ChessUnleashed.us. We will not share your Personal Information with others, except as provided in this Privacy Policy.
    • Subscriber Information You can edit your ChessUnleashed.us account information at any time. We reserve the right to send you certain communications relating to the ChessUnleashed.us service, such as service announcements and administrative messages.
    • Protecting Subscriber’s Information ChessUnleashed.us does not rent, sell or share personal information about Subscriber with other people or nonaffiliated companies except to provide products or services Subscriber has requested, when we have Subscriber’s permission, or under the following circumstances:
      • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ChessUnleashed.us’s terms of use, or as otherwise required by law.
      • If we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, Subscriber’s information may be sold or transferred as part of that transaction. Subscriber acknowledges that such transfers may occur, and that any acquirer of ChessUnleashed.us or its assets may continue to use Subscriber’s Personal Information as set forth in this Privacy Policy. If any acquirer of ChessUnleashed.us or its assignees will use Subscriber’s Personal Information contrary to this Privacy Policy, Subscriber will receive prior notice.
  • Policy Updates Chessunleashed.us may update this policy. We will notify Subscriber about significant changes in the way we treat personal information by sending a notice to the primary e-mail address specified in Subscriber’s Chessunleashed.us account or by placing a prominent notice on our site.

TERMS OF SERVICE:

ChessUnleashed.us provides its service to Subscriber subject to the following terms and conditions:

SUBSCRIBER ACCEPTS ALL OF THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND THE TERMS OF SERVICE SET FORTH HEREIN. SUBSCRIBER REPRESENTS THAT SUBSCRIBER IS 18 YEARS OF AGE OR OLDER AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE PRIVACY POLICY AND THE TERMS AND CONDITIONS HEREIN, OR THE PARENT OR AUTHORIZED GUARDIAN OF SOMEONE UNDER THE AGE OF 18 YEARS FOR WHOM YOU HAVE CREATED AN ACCOUNT. IF SUBSCRIBER DOES NOT ACCEPT THE PRIVACY POLICY OR THE TERMS AND CONDITIONS OF THIS SERVICE, THEN YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE USE OF THIS SERVICE. THESE TERMS OF SERVICE INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST CHESSUNLEASHED.US; AND (3) A RELEASE BY YOU, AS SUBSCRIBER, OF ALL CLAIMS FOR DAMAGE AGAINST CHESSUNLEASHED.US THAT MAY ARISE OUT OF SUBSCRIBER’S USE OF THE SERVICES. BY USING THIS SERVICE, YOU HEREBY AGREE TO THESE PROVISIONS.

  • Services Chessunleashed.us provides educational, mentoring and teaching of strategy techniques to enable users to learn and enjoy the game of chess (the “Service”). Chessunleashed.us reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Subscriber agrees that Chessunleashed.us shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
  • Subscriber In order to use the Service, Subscriber agrees to: (1) provide true, accurate, current and complete information about yourself as prompted by the required fields in the Service’s registration form (the “Registration Data”) and in the optional fields if you so choose; and (2) maintain and promptly update the Registration Data to keep it current and accurate. If you provide any information that is untrue, inaccurate or incomplete, or if Chessunleashed.us has reasonable grounds to suspect that such information is untrue, inaccurate or fraudulent, Chessunleashed.us has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
  • Registration of Minors With respect to individuals under 18 years of age, parents or guardians of such individuals must create an account that is maintained by a legal guardian or parent of that child. By allowing a child access to your account, you also give your child permission to access all areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine if there is any part of the Service that is inappropriate for the child.
  • Username and Passwords When you register with Chessunleashed.us’s Service, you will be issued a username and password. Subscriber is responsible for maintaining the confidentiality of the password and Subscriber’s account. As the subscriber, you are fully responsible for all activities that occur under your password or account. Subscriber agrees to (1) immediately notify Chessunleashed.us of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Chessunleashed.us is not liable for any loss or damage arising from Subscriber’s failure to protect your account security. Further, Subscriber acknowledges, consents and agrees that Chessunleashed.us may access, preserve and disclose your account information and Personal Information (as set forth under Privacy section (e) above), 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 these Terms of Service; (iii) respond to claims that Subscriber or Subscriber’s use violates the law or the rights of third-parties; (iv) respond to Subscriber’s request for customer service; and (v) protect the security, rights, property or privacy of Chessunleashed.us, its users and the public.
  • Termination Subscriber agrees that Chessunleashed.us may, in its sole discretion, immediately terminate your Chessunleashed.us account.

INDEMNIFICATION, ARBITRATION AND DISCLAIMERS:

Subscribers agree to indemnify and hold Chessunleashed.us and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of Subscriber’s use, submissions, postings, transmissions, or otherwise make available through the Service, Subscriber’s use of the Service, Subscriber’s connection to the Service, or Subscriber’s violation of the Terms of Service or Subscriber’s violation of any rights of any other subscriber or user of the Service.

  • Disclaimer of Warranties Subscriber expressly understands and agrees that:

    SUBSCRIBER’S USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CHESSUNLEASHED.US EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE CHESSUNLEASHED.US WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    CHESSUNLEASHED.US AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE USED TO ACCESS OR PROVIDE THE SOFTWARE WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT SUBSCRIBER’S OWN DISCRETION AND RISK, AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM CHESSUNLEASHED.US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

  • Arbitration Subscriber agrees that if Subscriber has any dispute with Chessunleashed.us relating in any way to these Terms of Service or from access to or use of the Service, Subscriber will first contact us and attempt to resolve the dispute with Chessunleashed.us informally. If we are unable to resolve the dispute informally, it is agreed by each party to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA.
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