Terms and Conditions


General

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website www.chessfactor.com (the "Service" or the "Website") operated by Skillfab GmbH ("Company", "us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By Accessing or using the Service you agree to be bound by these Terms and to the collection and use of your information as set forth in Our Privacy Policy, whether or not you are a registered user of our Service. If you disagree with any part of the Terms then you may not access the Service.

1. Registration

In order to be permitted to use the Service, you agree to: (I) provide true, accurate, current and complete information about yourself as prompted by the required fields in Service's registration form and in the optional fields if you so choose; and (II) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. When creating your account, you must provide accurate and complete information. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service. By signing up to our website you agree to our cookie policy which is described in the Privacy Policy.


2. Account
Your user account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to the Website with a third-party service, you give us the permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another user's account without permission. You are solely responsible for the activity that occours on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
You may control your user profile and how you interact with the Service by changing the settings on the "My Account" pages. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service.

3. Termination
You agree that we may, with or without cause, and without prior notice, immediately terminate your chessfactor.com account, any associated email address, and access to the Service. We may terminate with or without cause at any time and effective immediately, at our sole discretion, including but not limited to Member's failure to conform with these Terms and Conditions. Cause for such termination may include, but not be limited to, (I) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (II) requests by law enforcement or other government agencies, (III) a request by you (self-initiated account deletions), (IV) discontinuance or material modification to the Service (or any part thereof), (V) unexpected technical or security issues or problems, (VI) extended periods of inactivity, (VII) engagement by you in fraudulent or illegal activities, and/or (IIX) non-payment of any fees owed by you in connection with the Services. Termination of your chessfactor.com account includes (I) removal of access to all offerings within the Service, (II) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (III) barring of further use of the Service. Further, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

4. Member Conduct
You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages for Chessfactor members, clubs, blogs, or any other content on or off of Chessfactor;

  • post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic;

  • threaten violence against anyone else or advocate harming yourself;

  • "stalk" or otherwise harass another;

  • impersonate any person or entity, including, but not limited to, a company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  • upload, post, email, transmit or otherwise make available any content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

  • upload, post, email, transmit or otherwise make available 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;

  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other user's ability to engage in real time exchanges;

  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  • access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

  • intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Chessfactor username), use of the Service, or access to the Service. You agree that your Chessfactor account is non-transferable.

5. Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and name.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

  • Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.



  • Refunds: If you are not satisfied, please contact us at [email protected]. All first-time subscribers that purchased a yearly or two year "PRO Membership" are backed by a 30-Day Money Back Guarantee. Once a member has received a refund they are no longer eligible for the 30-Day Money Back Guarantee. Refunds will NOT be given to subscribers who are banned from the site due to violating the Terms and Conditions of site use (abusive behavior, cheating, etc). Users that bought courses directly are not eligible for a refund. We may offer partial, pro rata refunds for early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or we suspend or terminate your account or this Agreement for your breach of this agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.



  • Upgrades/Downgrades: Upgrading can be done at any time and the upgrade price will be pro-rated according to the time used and time remaining. The upgrade price will show in the checkout process. Downgrades are not available until after the expiration of the original subscription.



  • Payment Information; Taxes: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.



6. Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


7. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (1) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (2) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (2) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from chessfactor.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (3) transmitting spam, chain letters, or other unsolicited email; (4) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (5) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (6) uploading invalid data, viruses, worms, or other software agents through the Service; (7) collecting or harvesting any personally identifiable information, including account names, from the Service; (8) using the Service for any commercial solicitation purposes; (9) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (10) interfering with the proper working of the Service; (11) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (12) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. We shall have no liability for your interactions with other Users, or for any user's action or inaction.


8. Limitation of Liability
In no event shall Skillfab GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (I) your access to or use of or inability to access or use the Service; (II) any conduct or content of any third party on the Service; (III) any content obtained from the Service; and (IV) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Links to other Websites and Services
Our Website may contain links to other websites that are not under our direct control. Due to the fact that 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.

We strongly advice you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

10. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.


11. Intellectual Property
Except for your user Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other users (the “Chessfactor Content”), and all Intellectual Property Rights related thereto, are and will remain the exclusive property of Skillfab GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both the Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Skillfab GmbH.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Skillfab does not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.


12. Disclaimer of Warranties
You expressly understand and agree that:

  • Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranty of any kind. Without limiting the foregoing, we expressly disclaim any and all warranties of any kind, whether express, implied, or statutory regarding the Website and the Service, including, but not limited to any warranties of title, non-infringement, merchantability and fitness for a particular purpose.

  • We and our subsidiaries, affiliates, officers, employees, agent, partners and licensors make no warranty that (I) the Service will meet your requirements; (II) the Service will be uninterrupted, timely, secure or error-free; (III) the results that may be obtained from the use of the Service will be accurate or reliable; (IV) the quality of any products, services, information or other material purchased or obtainedby you through the Service will meet your expextations; and (V) any errors in the software used to access or provide the software will be corrected.

  • Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

  • No advice or information, whether oral or written, obtained by you from Chessfactor or through or from the Service shall create any warranty not expressly stated in the Terms and Conditions.

  • A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history or prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, counsult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.


13. Changes to our Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. When we change the Terms and Conditions we will update the ‘last modified’ date at the end of this page.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


14. Governing Law
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


15. Contact Us
If you have any questions about these Terms, please contact us at [email protected].

Skillfab GmbH
Hartenfelsstrasse 57
6030 Ebikon
Switzerland
Register Number: CHE-377.388.597
Register Court: Lucerne

These Terms and Conditions were last modified on December 14, 2018.