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.
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.
- 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.
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.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
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.
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.
- 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 used by you through the Service will meet your expectations; 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.
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.
Skillfab GmbH
Hartenfelsstrasse 57
6030 Ebikon
Switzerland
Register Number: CHE-377.388.597
Register Court: Lucerne