Welcome to The Chess Website!
- DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE
The Chess Website, LLC (“The Chess Website,” “we,” or “us”) provides an online service offering a selection of videos, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, tools, applications, materials, or other services offered from time to time by The Chess Website in connection with its business, however accessed, are referred to collectively as the “The Chess Website Services.”
The Content is available for permissible viewing on or through the following (collectively, the “Properties”):
- the TheChessWebsite.com website (“The Chess Website”);
- other websites where users or website operators are permitted to embed the Video Player; and
- The Chess Website authorized applications, features or devices.
Use of The Chess Website Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use (“Terms of Use” or “Terms”) and any end user license agreement that might accompany a The Chess Website application or feature.
Certain The Chess Website Services are provided to you free-of-charge. There are some other The Chess Website Services that, if you are interested in accessing, will require payment by you. The Chess Website Services that may be accessed after payment are referred to currently as “The Chess Website Membership.” There is certain information in these Terms that relate only to The Chess Website Membership and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to The Chess Website Membership, then please familiarize yourself with Section 4, in addition to all of the other provisions in these Terms (please note that references to ” The Chess Website Services” throughout this Terms of Use are intended to include The Chess Website Membership). If you are not a subscriber of The Chess Website Membership, then Section 4 does not apply to you.
By visiting The Chess Website or using any of The Chess Website Services (including accessing any Content) you are agreeing to these Terms. If you have any questions or comments about these Terms, please contact us at: thechesswebsite@gmail.com.
- CHANGES TO THE TERMS OF USE BY The Chess Website
The Chess Website may amend these Terms of Use at any time by posting the amended Terms of Use on The Chess Website at thechesswebsite.com/terms/.
- ACCESS AND USE OF THE CHESS WEBSITE SERVICES
Your License. The Chess Website is pleased to grant you a non-exclusive limited license to use The Chess Website Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by The Chess Website in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by The Chess Website in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by The Chess Website. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by The Chess Website in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where The Chess Website has incorporated an embed option in connection with Content on The Chess Website Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to The Chess Website (in The Chess Website’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. The Chess Website reserves the right to prevent embedding to any website or other location that The Chess Website finds inappropriate or objectionable (as determined by The Chess Website in its sole discretion).
Ownership. You agree that The Chess Website owns and retains all rights to The Chess Website Services. You further agree that the Content you access and view as part of The Chess Website Services is owned or controlled by The Chess Website.
Your Responsibilities. You and other users must use The Chess Website Services for lawful, non-commercial, and appropriate purposes only. You agree to observe The Chess Website Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access The Chess Website or use The Chess Website Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to The Chess Website Services (including the Content) that is not authorized by The Chess Website (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of The Chess Website Services);
- involves accessing The Chess Website Services (including the Content)through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of The Chess Website Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to The Chess Website Services, including The Chess Website’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with The Chess Website Services (including the Content);
- uses The Chess Website Services to advertise or promote services that are not expressly approved in advance in writing by The Chess Website;
- collects personally identifiable information in violation of The Chess Website’s Privacy Policy;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by The Chess Website;
- interferes with any other party’s use and enjoyment of The Chess Website Services; or
- attempts to do any of the foregoing.
If The Chess Website determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of The Chess Website Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) The Chess Website Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications.No one may use The Chess Website Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through The Chess Website Services, you acknowledge that you will have caused substantial harm to The Chess Website and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay The Chess Website $50 for each such unsolicited communication you send through The Chess Website Services.
Downloads. In order to participate in certain The Chess Website Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of The Chess Website Services (including the Content and the devices through which The Chess Website Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that The Chess Website may do so in The Chess Website’s sole discretion. You also agree that The Chess Website will not be liable to you for any modification, suspension, or discontinuance of The Chess Website Services, although if you are a The Chess Website Membership subscriber and The Chess Website suspends or discontinues the The Chess Website Membership service, The Chess Website may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if The Chess Website terminates your account or suspends or discontinues your access to The Chess Website Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
- The Chess Website Membership Subscriptions and Billing
You can find the specific details regarding your subscription to The Chess Website Membership at any time by logging in on The Chess Website and clicking on Account under your name. You agree that your The Chess Website Membership account is for individual use only and your The Chess Website Membership account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
Because the The Chess Website Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms of Use begins at 12:00 a.m. Central Time and ends at 11:59 p.m. Central Time of that same calendar day.
Billing.
By providing a credit card or other payment method accepted by The Chess Website (“Payment Method”) for your The Chess Website Membership subscription, you are expressly agreeing that we are authorized to charge you a subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of The Chess Website Membership to the Payment Method. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, please contact The Chess Website via email at thechesswebsite@gmail.com. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly or yearly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. If you choose the lifetime subscription there will only be a one time fee.
If The Chess Website changes the subscription fee or other charges for The Chess Website Membership, we will give you advance notice of these changes by email.
Ongoing Subscription and Cancellation.
Your The Chess Website Membership subscription will continue in effect unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews in order to avoid the next billing. We will bill the subscription fee plus any applicable taxes to the Payment Method you provide during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective until the end of the paid term. Cancellation steps are listed at https://www.thechesswebsite.com/faqs.php/.
Unpaid Amounts.
In order to sustain The Chess Website Membership service, it is important that each user of The Chess Website Membership service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with The Chess Website Membership. You will remain liable to The Chess Website for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
- ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with The Chess Website. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms of Use and you agree to be responsible for their activity using The Chess Website Services.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any The Chess Website representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us through the customer support form available at thechesswebsite@gmail.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
We reserve the right to immediately terminate or restrict your account or your use of The Chess Website Services or access to Content at any time, without notice or liability, if The Chess Website determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of The Chess Website Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to The Chess Website servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
- COLLECTION AND USE OF PERSONAL INFORMATION
For information about The Chess Website’s policies and practices regarding the collection and use of your personally identifiable information, please read The Chess Website’s Privacy Policy available at www.thechesswebsite.com/privacy-policy/. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on The Chess Website and use of The Chess Website Services on any of the Properties are governed by The Chess Website Privacy Policy in effect at the time of your use.
- LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that The Chess Website operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within The Chess Website Services, we will not warn you that you have left The Chess Website Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left The Chess Website Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.
The Chess Website is not responsible for the content or practices of any website or destination other than The Chess Website, even if it links to The Chess Website and even if the website or destination is operated by a company affiliated or otherwise connected with The Chess Website. By using The Chess Website Services, you acknowledge and agree that The Chess Website is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than The Chess Website.
Advertisements. The Chess Website takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using The Chess Website Services are between you and the advertiser, and you agree that The Chess Website is not liable for any loss or claim that you may have against an advertiser.
- TRADEMARKS
The Chess Website, The Chess Website logo, www.thechesswebsite.com and other The Chess Website marks, graphics, logos, scripts, and sounds are trademarks of The Chess Website. None of The Chess Website trademarks may be copied, downloaded, or otherwise exploited.
- DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE CHESS WEBSITE SERVICES, YOU AGREE THAT USE OF THE CHESS WEBSITE SERVICES IS AT YOUR OWN RISK. THE CHESS WEBSITE SERVICES, INCLUDING THE CHESS WEBSITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE CHESS WEBSITE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE CHESS WEBSITE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL THE CHESS WEBSITE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, “THE CHESS WEBSITE PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE CHESS WEBSITE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE CHESS WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE CHESS WEBSITE SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CHESS WEBSITE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE CHESS WEBSITE SERVICES (INCLUDING YOUR USE OF THE CONTENT). THE CHESS WEBSITE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through The Chess Website Services, including through a link, infringes your copyright, you should notify The Chess Website of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that The Chess Website receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to The Chess Website thechesswebsite@gmail.com (subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on The Chess Website Services that is reasonably sufficient to enable The Chess Website to identify and locate the material; (iv) how The Chess Website can contact you, such as your address, telephone number, and email address; (v) 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
The Chess Website has a policy of terminating repeat infringers in appropriate circumstances.
- GENERAL INFORMATION
International Use. We are a company based in the United States. The Chess Website’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where The Chess Website does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with The Chess Website Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Texas without giving effect to principles of conflicts of law. In the event of a claim by you against The Chess Website, you agree to submit to the exclusive jurisdiction of the courts located in the Travis County of the State of Texas. In the event of a claim by The Chess Website against you, you agree to submit to the jurisdiction of the courts located where The Chess Website pursues its claim against you, which may include courts in the Travis County of the State of Texas.
No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at thechesswebsite@gmail.com (subject line: “TOU Violation”). Precisely how The Chess Website responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon The Chess Website’s precise response with respect to one party or one situation as any indication of what The Chess Website might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, The Chess Website’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if The Chess Website acts in a way that appears to you to be inconsistent with these Terms of Use, The Chess Website’s action shall not be deemed a waiver or constructive amendment of these Terms.
Integration, Amendment, and Severability. Please note that these Terms of Use, including The Chess Website’s Privacy Policy and any end user license agreement that might accompany The Chess Website authorized applications, features and devices, constitute the entire legal agreement between you and The Chess Website and govern your use of The Chess Website Services (including your use of the Content) (but excludes any services, if any, that The Chess Website may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and The Chess Website in relation to The Chess Website Services. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by The Chess Website. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy The Chess Website Services!
