Terms

Terms and Conditions Applicable to The CHESSFACEBOOK Services

From time to time, CHESSFACEBOOK may offer services for you to purchase or try. You may be permitted to access such services in a variety of manners such as through a web portal or through a client distributed by CHESSFACEBOOK. In order to use a service, you must: (i) be age 13 or older, (ii) agree to these Terms and Conditions of Sale, (iii) create an account by completing the registration process, and (iv) have a suitable connection to the Internet (which is not provided by us). As the service will continuously evolve over time, we reserve the right to modify these requirements at our sole discretion.

You hereby represent and warrant that all information that you submit during the registration process is true and accurate. You are responsible for maintaining the confidentiality of your account username and password. You agree to notify us immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). As the account holder, you are responsible for any and all actions taken by any person that has attained access to your account. If you breach these Terms and Conditions of Sale, CHESSFACEBOOK may terminate your account or otherwise suspend or terminate your access to the service.

All right, title and interest, including all copyrights, in and to such items (including but not limited to any images, photographs, animations, video, audio, music, text, and functionality), any accompanying printed materials, and any copies of all or any portion of the source code contained in the services or client application, are owned by CHESSFACEBOOK. All rights not expressly granted to you are reserved by us.

You are encouraged to provide feedback to us regarding the service, including but not limited to usability, bug reports and test results (collectively “Feedback”). It is expressly agreed that all rights, title and interest, including all copyrights, to all Feedback is owned by us. You hereby assign and convey to us any rights and interests in any such Feedback you may have, create or provide during the term of this Agreement. To the extent that such assignment is held to be invalid or unenforceable, you hereby grant to us a perpetual, exclusive, transferable, royalty-free license to use any Feedback.

User Content on The CHESSFACEBOOK Services

You may be permitted to upload content to the services in various forms (collectively, “User Content”). By providing any User Content, you agree that it will not: (i) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any party; (ii) be profane, obscene, indecent or violate any law or regulation; (iii) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iv) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes;(v) include your social security number, which you agree to redact from any User Content; (vi) contain any information the accidental disclosure or theft of which would cause you severe or irreparable harm or (vi) restrict or inhibit any other user from using the service. We have no obligation to monitor User Content related to the service. However, we reserve the right to review User Content and take any action we deem necessary as to such User Content, including but not limited to editing or removing your User Content and/or suspending or terminating your access to CHESSFACEBOOK based on your violation of the rules specified here.

You also agree to only access that User Content that is yours or that you have been authorized to access. You may not access any other user’s User Content. Some services provide features that allow you to share your User Content with others. Please consider carefully what you choose to share. If you share your User Content with others, CHESSFACEBOOK does not assume responsibility for any violations arising from your sharing of those documents. CHESSFACEBOOK is also not responsible if the users who access those shared documents fail to protect the confidentiality of your information.

CHESSFACEBOOK takes the privacy and security of your User Content very seriously. CHESSFACEBOOK will not use your User Content except in accordance with our Privacy Policy or as necessary for CHESSFACEBOOK’s performance of the Services. CHESSFACEBOOK also takes reasonable steps to prevent unauthorized access to your User Content; you acknowledge, however, that no method of security is perfect.

CHESSFACEBOOK Services Use Restrictions

You may not institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the service or otherwise attempt to disrupt the service or any other person’s use of the service. Any such attempt is a violation of criminal and civil laws. In the event that you make or assist in such an attempt, we reserve the right to seek damages or criminal prosecution to the maximum extent permitted by law.

You may not attempt to gain unauthorized access to the services, others’ accounts whether through hacking, password mining, false key creation, or any other means.

You may not obtain or attempt to mine any information from the services through any means not intentionally made available by us through the Client Application. You may not reverse engineer, decompile or disassemble the services, including any proprietary communications protocol used by the services.

Only we may host CHESSFACEBOOK services. You may not establish an emulated service environment, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Client Application, adding components to the Client Application, or using any utility program to host the service in any manner.

Limitation of Liability

IN NO EVENT SHALL CHESSFACEBOOK BE LIABLE TO CUSTOMER, WHETHER AS A RESULT OF BREACH OF CONTRACT, AN EQUITABLE CLAIM, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE OR OTHERWISE, FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCT OR SERVICE, LOSS OF DATA, DAMAGE TO ASSOCIATED EQUIPMENT, REWORK, RECALL COSTS, DOWNTIME OF PLANT OR EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT OR PRODUCTS OR CLAIMS OF CUSTOMER’S CUSTOMERS FOR SUCH DAMAGES.

IN NO EVENT SHALL CHESSFACEBOOK BE LIABLE TO CUSTOMER, WHETHER AS A RESULT OF BREACH OF CONTRACT, AN EQUITABLE CLAIM, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE OR OTHERWISE, FOR AN AMOUNT IN EXCESS OF THE AGGREGATE MONIES ACTUALLY PAID TO CHESSFACEBOOK COMPANY FOR THE PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM(S).

Indemnification

Customer’s use of products and services are at Customer’s own risk, and Customer shall defend, indemnify and hold CHESSFACEBOOK harmless from all liability and costs (including court costs and attorney’s fees) resulting from claims, demands, or actions brought against CHESSFACEBOOK by anyone (including without limitation any injuries or property damage) caused directly or indirectly by (i) Customer’s breach of the terms of these Terms and Conditions of Sale, or (ii) the actions or omissions of Customer with regard to CHESSFACEBOOK’s products or services.

Miscellaneous

CHESSFACEBOOK’s sale of any products is expressly conditioned upon Customer’s acceptance of these Terms and Conditions of Sale. Customer’s taking delivery of all, or any part, of a product shipment is evidence of such acceptance. Any and all of terms and conditions presented by Customer which are different from or in addition to those contained herein hereby rejected, and of no effect.

Customer may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of CHESSFACEBOOK, including, without limitation, making available any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

CHESSFACEBOOK shall be excused from performance, and have no liability from any such non-performance under these Terms and Conditions of Sale, where such non-performance is caused by an event beyond CHESSFACEBOOK’s control, including but not limited to, acts of government, whether in sovereign or contractual capacity, war, civil disturbances, terrorism, material or manufacturing unavailability, labor difficulties or disputes, failure of or delay in delivery by CHESSFACEBOOK’s suppliers or carriers, commercial impracticability (irrespective of foreseeability at time of contracting), shortages of energy, raw materials, labor, or equipment, inadequate yield of product despite CHESSFACEBOOK’s reasonable efforts, accident, fire, flood, storm or other Acts of God.

Customer shall not assign these Terms and Conditions of Sale or any right or interest therein without the prior written consent of CHESSFACEBOOK. Any assignment in contravention of the foregoing shall be null and void.

These Terms and Conditions of Sale supersede all previous communications, transactions, and understandings, whether oral, or written, and constitute the sole and entire agreement between the parties pertaining to the subject matter hereof. No modification, deletion or waiver of, or addition to these terms shall be binding on CHESSFACEBOOK unless made in writing and signed by a duly authorized representative of CHESSFACEBOOK.

These Terms and Conditions of Sale are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Philadelphia, Philadelphia County, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and Conditions of Sale. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any sale hereunder. These Terms and Conditions of Sale shall be interpreted fairly in accordance with its terms and without any construction in favor of or against either party.

A ruling by any court that one or more of the provisions contained in these Terms and Conditions of Sale is invalid, illegal or unenforceable in any respect shall not affect any other provision of these Terms and Conditions of Sale so long as the material substance of the transactions contemplated herein is not affected in any manner adverse to any party.