WHAT/WHO
This website, ZoomChess.com, and all subdomains of ZoomChess.com are owned and operated by ZoomChess Inc. (“ZoomChess”). These Terms of Use apply to your use of any ZoomChess websites and/or any successor websites (the “Websites”), software (the “Software”), services made available on the site or mobile services (the “Services”), links to other websites operated by affiliates of ZoomChess, or international versions. ZoomChess Websites, Software, and Services are provided to you subject to the following terms and conditions. Visiting or otherwise using ZoomChess Websites or any content obtained directly or indirectly from the ZoomChess websites or from any other third party websites, constitutes acceptance of and agreement to these terms and conditions and any modifications that may be made to these Terms of Use. Certain areas in ZoomChess products are restricted and require an account with a password. If you are designated as the parent or legal guardian in the account or are otherwise the person who first registers an account, you agree to be responsible for ensuring that all users on your account comply with these Terms of Use and any modifications that may be made. If you do not consent or agree to these Terms of Use, you may not visit ZoomChess websites or use any of its contents.These Terms of Use are a legal binding agreement between you and Zoom Chess Inc. If you are using the Websites, Services, or Software, on behalf of any entity or person, including a child, you represent and warrant that you are authorized to accept these Terms of Use on such person’s or entity’s behalf, and that such person or entity agrees to indemnify you and ZoomChess for violations of these Terms of Use. Please read these Terms of Use carefully before accessing or using the Site, Software, or Services.
AGE REQUIREMENTS
Registering an account is required in order to use certain parts of the Software or Services. You must be 18 years of age or older to register for a ZoomChess account. you may register students who are younger than 18 years of age, but only with the permission of the student’s parent or legal guardian. If you are an educator, and/or you are using ZoomChess products on behalf of minors, you are required to obtain the authorization of their parent or legal guardian. During registration, you agree to complete, true, accurate, and current information about yourself (“Registration Data”). If we have any reasonable grounds to suspect that your Registration Data is untrue, inaccurate, incomplete, or not current, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, Software, and Websites. You agree that if you provide any personal information about a child under age 13 in order to use ZoomChess products, that you are either a parent, legal guardian, or an authorized person who has properly informed the child’s parents or legal guardian, and received permission from the child’s parent or legal guardian to allow the child to use ZoomChess. You understand that the Terms of Use and Privacy Policy also apply to the child’s use of ZoomChess.
MODIFICATIONS
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.
CONTENT
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.
SUBMISSIONS
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.
LICENSES
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.
RESTRICTIONS
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.
TERMINATION
You agree that ZoomChess, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Websites, Software and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if ZoomChess believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. ZoomChess may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site, Software or the Services may be effected without prior notice, and you acknowledge and agree that ZoomChess may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site, Software or the Services. Further, you agree that ZoomChess shall not be liable to you or any third party for any modification or termination of your access to the Site, Software, or the Services.
PRIVACY POLICY
Any information submitted on the Websites or Services is subject to our Privacy Policy. They may be found on the homepage, ZoomChess.com. Please carefully review our Privacy Policy.
DISCLAIMERS OF WARANTEES; LIMITATIONS ON LIABILITY
The Websites, Software, and the Services (including all Content) are provided “as is”; ZoomChess makes no representations or warranties of any kind with respect to the Services, the Content, the Websites, the Software, or any contents therein. ZoomChess assumes no liability or responsibility for any errors or omissions in providing the Services, the Websites, the Software or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. ZOOMCHESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE SOFTWARE, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, ZoomChess does not represent or warrant that the information on or accessible via the Websites or Software, or through the Services is complete, current or will be updated or corrected. ZoomChess does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked site or featured in any banner or other advertising. While ZoomChess attempts to make your access and use of the site, the services, and the software safe, ZoomChess cannot and does not represent or warrant that the site, the software, or its server(s) are free of viruses or other harmful components; therefore, you should use industry recognized software to detect and disinfect viruses. ZOOMCHESS. AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. ZOOMCHESS AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. ZOOMCHESS AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE SOFTWARE, THE CONTENT, THE WEBSITES OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE FEES WE CHARGE, IF ANY, AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE SITE, SERVICES AND/OR THE SOFTWARE.
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.
INDEMNITY
You agree to indemnify and hold ZoomChess Inc. and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Software, the Services, or Content, including without limitation these Terms of Use.
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
These Terms of Use are governed in all respects by the laws of the State of Washington, as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Software, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Websites, Software or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
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.
RELEASE
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.”
COPYRIGHT CLAIMS
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: contact@zoomchess.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.
GENERAL
ZoomChess’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Websites, Software or the Services, you consent to receiving electronic communications from ZoomChess. These communications will include notices about your account and information concerning or related to the Software or Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. ZoomChess is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. In these Terms of Use, the word “including” shall be construed as if followed by the words “but not limited to.” These Terms of Use, together with our Privacy Policy, comprise the entire agreement between you and ZoomChess and supersede all prior agreements between the parties regarding the subject matter contained herein.