ZoomChess reserves the right to suspend, discontinue, delete, modify or remove any content or functionality offered on our Websites, Software, or Services from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on ZoomChess’s sole discretion. In addition, ZoomChess may charge users for certain content or functionality which are currently available for free.ACCOUNT
You are responsible for keeping your account details confidential, including your password. You are also responsible for restricting access to your computer. Some ZoomChess product features are offered on a fee basis. If you elect to purchase fee-based Services or Software, you warrant that your use of a particular credit card or other accepted payment is authorized and that any information you provide to a third party designated by ZoomChess, such as Paypal, is true and accurate. Any account information, including username, password in connection with any fee-based Service or Software is personal to you and members of your household and you may not transfer or make available your username or password to anyone else. ZoomChess has the right to cancel without refund any unauthorized use as a result of distribution of username and/or password by you.
ZoomChess may allow you and other third parties to post “Content” including but not limited to messages, advice, reviews, comments, homework, text, graphics and instructions. All posted Content is the sole responsibility of the person from whom the Content originated and not Zoom Chess Inc., or its shareholders, directors, officers, or employees. At any time ZoomChess may review and delete any Content, in whole or in part. Nonetheless, under no circumstances will Zoom Chess Inc. or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained throughout the Site, Software or Services. It is your responsibility to evaluate the Content.
Do not submit or distribute any unsolicited submissions: No implied contract.
ZoomChess does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has requested them from you. Therefore, please do not send to ZoomChess any creative or original materials such as ideas for software products, games, teaching materials, puzzles, or any other creative suggestions, ideas, notes, drawings, concepts or other information. ZoomChess shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information and shall not be liable to you or any person claiming through you for any exploitation or disclosure of any submission.
When you post Content, you hereby grant (or warrant that the owner of the Content grants) us and each user of the Websites, Software or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party.
In addition subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software and the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software and Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software and/or Services; (b) rent, lease, or sublicense the Software and/or Services; nor (c) circumvent or disable any security or technological features or measures in the Software and/or Services. You may not export or re-export the Software and/or Services without (a) the prior written consent of ZoomChess; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
You agree not to use the Websites, Software or the Services to:
1. upload, post, e-mail, or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. harm minors in any way or write comments that in any way refer to person(s) under 18 years of age;
3. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
4. upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
5. upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
6. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
7. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8. interfere with or disrupt the Services, Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
9. intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
10. use any automated means to access the Site, Software or the Services or collect any information from the Site, Software or the Services (including, without limitation, robots, spiders, or scripts); or
11. frame the Site, Software or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
DISCLAIMERS OF WARANTEES; LIMITATIONS ON LIABILITY
If you are dissatisfied with the Websites, Services and/or Software, or with any terms, conditions, rules, policies, guidelines or practices of using the Websites, Services and/or Software, your sole remedy is to discontinue using the Site, Services and/or Software.
LINKS AND ADVERTISING
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. ZOOMCHESS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site, Software or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Webites, Software or the Services.
GOVERNING LAW AND ARBITRATION
ZoomChess controls and operates this Site from its offices in Bellevue, Washington, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site, Software and Services from other locations you are responsible for compliance with applicable local laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
In the event that you have a dispute with one or more users of the Websites, Software or the Services, you release Zoom Chess Inc. and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code — 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
ZoomChess respects the intellectual property rights of others, and requires that the people who use the Websites, Software and the Services do the same. If you believe that any material on the ZoomChess Websites, Software, or Services infringes upon any copyright that you own and control, please send us a notification of such infringement containing the following information:
– An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
– A description of the copyrighted work that you claim has been infringed;
– A description of where the material that you claim has been infringed can be found on the ZoomChess Websites or Software.
– Your name, address, telephone number, and e-mail address;
– A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– A statement made by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to: email@example.com
In accordance with the Digital Millennium Copyright Act and other applicable laws, we may terminate accounts and/or pursue other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of ZoomChess or any third party.