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Terms of Service


The following Terms of Service document ("Terms of Service", "Terms of Service Agreement", "Agreement", "Terms" or "TOS") govern all use of the chess-db.com website and all content, services and products available at or through the website. The website allows users to lookup chess profiles, chess ratings, ranklists, tournaments results, chess tournament games and related information. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, chess-db.com Privacy Policy) and procedures that may be published on this website by us. By using or accessing chess-db.com website, pages and services, you agree to this Terms of Service, as updated from time to time in accordance with Section "Amendments" below. Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Privacy Policy


Your privacy is important to us. You can read our privacy policy in a separate document, designed to disclose how we collect and can use your content and information.

Intellectual Property


This Agreement does not transfer from chess-db.com to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with chess-db.com.

Site Usage and Content Posting


When you use the chess-db.com website, or you post content on our website (for example, when you submit links to photos, or when you comment under the chess profiles) you agree that:
1. You will not post content or take any action on chess-db.com that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on chess-db.com if we believe that it violates this Terms of Service.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or trademarks, or any confusingly similar marks, except with our prior written permission.
5. If you collect information from users, you will: obtain their consent, make it clear you (and not chess-db.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
6. You will not post unauthorized commercial communications (such as spam) on chess-db.com.
7. You will not collect users' content or information, or otherwise access chess-db.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
8. You will not upload viruses or other malicious code.
9. You will not solicit login information or access an account belonging to someone else.
10. You will not bully, intimidate, or harass any user.
11. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
12. You will not use chess-db.com to do anything unlawful, misleading, malicious, or discriminatory.
13. You will not do anything that could disable, overburden, or impair the proper working or appearance of chess-db.com, such as a denial of service attack or interference with page rendering or other chess-db.com functionality.
14. You will not facilitate or encourage any violations of this Terms of Service.
15. For content that is covered by intellectual property rights you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post or send us by e-mail in connection with chess-db.com (IP License). This IP License ends when you delete your post or content, or you e-mail us that you no longer want that we use specific content previously send by you to us.

Special Intellectual Property Terms for the Chess-DB photo gallery


The Chess-DB.com gallery of photos ("gallery") are all pictures (image or video content) found under (with URI prefix) http://chess-db.com/public/gallery/. This section covers the agreement under which Chess-DB gallery is provided to you. The content in this gallery does not contain user-submitted content or content licensed by Chess-DB which is subject to expiration options. Chess-DB.com is the copyright owner of all pictures in this gallery (We are either the photographer, or to the extent possible under law, we have waived any copyright and related or neighboring rights to these pictures). Chess-DB offers those pictures under the Creative Common Attribution License (2.0), which (in short) means: You are free to use, modify, and redistribute those pictures if you give chess-db.com a credit for this, i.e. make it clear that the author of the respective picture is Chess-DB.com and the original source is http://chess-db.com. Further limitations are:
a) Pictures depicting identifiable persons may not be used for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to people, or to imply endorsement of products and services by those persons, brands, organisations, etc.
b) Since Chess-DB does not require a written Model Release for each picture that shows identifiable people, we cannot guarantee that you will be able to use the content for any purpose you like.
c) Certain pictures may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. Chess-DB does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them.


Links


Chess-db.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Amendments


We can change this Term of Service at any time for legal or administrative reasons, to correct an inaccurate statement, or amend clauses. Changes will be done and reflected on the same URL link which you read now. We may in some cases provide you with additional notice about this, for example, by sending you an e-mail to your registered chess-db.com e-mail account. The changes come into effect at maximum 30 days after they were published on this link. Your continued use of chess-db.com following changes to our terms constitutes your acceptance of our amended terms.

Termination


If you violate the letter or spirit of this terms of service agreement, or otherwise create risk or possible legal exposure for us, we can close your account and stop providing all or part of Chess-DB.com services to you.

Disputes


1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Term of Service or Chess-DB.com exclusively in a state or federal court located in the country where chess-db.com is incorporated and has its centre of operations. Those laws will govern this agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located there for the purpose of litigating all such claims.

2. If anyone brings a claim against us related to your actions, content or information on Chess-DB.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Chess-DB.com and are not responsible for the content or information users transmit or share on Chess-DB.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Chess-DB.com. We are not responsible for the conduct, whether online or offline, or any user of Chess-DB.com.

3. WE TRY TO KEEP CHESS-DB.COM UP, ERROR-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING CHESS-DB.COM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CHESS-DB.COM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT CHESS-DB.COM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. CHESS-DB.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR CHESS-DB.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR CHESS-DB.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CHESS-DB.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Misc


1. This Terms of Service makes up the entire agreement between the parties regarding chess-db.com, and supersedes any prior agreements.
2. If any portion of this Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Terms of Service, it will not be considered a waiver.
4. Any amendment to or waiver of this Terms must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Terms to anyone else without our consent.
6. All of our rights and obligations under this Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Terms of Service shall prevent us from complying with the law.
8. This Terms of Service does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you.
10. You will comply with all applicable laws when using or accessing Chess-db.com.