ChessFlash Terms of Service
ChessFlash Terms of Service
Welcome to ChessFlash!
1. Your relationship with ChessFlash
1.1 Your use of ChessFlash's products, software, services and web sites (referred to as the "Services" in this document) is subject to these terms and conditions (referred to as the "Terms of Service" or just "Terms" in this document). "ChessFlash" in this document refers to the owners and operators of the ChessFlash software and Services which is Glenn Wilson of Houston, Texas.
2. Accepting the Terms of Service
2.1 You accept the Terms by actually using the Services. You may not use the Services if you do not accept the Terms.
3. Provision of the Services by ChessFlash
3.1 You acknowledge and agree that the form and nature of the Services which ChessFlash provides may change from time to time without prior notice to you.
3.2 You acknowledge and agree that ChessFlash may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ChessFlash's sole discretion, without prior notice to you.
3.3 You acknowledge and agree that ChessFlash may set a fixed upper limit on storage space or on the number or bandwidth of transmissions you may send or receive through the Services at any time, at ChessFlash's discretion.
4. Content in the Services
4.1 You understand that all information (such as pgn files, text files, data files, audio files or other sounds, videos or other images) which you may have access to through your use of the Services (referred to as "Content" in this document) are the sole responsibility of the person from whom such content originated.
4.2 ChessFlash reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.
4.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Posting Content that is offensive, indecent or objectionable is a violation of these Terms.
4.4 You agree that you are solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions by doing so.
5. Proprietary rights
5.1 You acknowledge and agree that ChessFlash owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services.
5.2 Other than the limited license set forth in Section 7, ChessFlash acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services.
6. License from ChessFlash
6.1 ChessFlash gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by ChessFlash as part of the Services as provided to you by ChessFlash. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ChessFlash, in the manner permitted by the Terms.
7. Content licence from you
7.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give ChessFlash a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling ChessFlash to display, distribute and promote the Services.
7.2 You agree that this licence includes a right for ChessFlash to make such Content available to other companies, organizations or individuals.
7.3 You understand that ChessFlash, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit ChessFlash to take these actions.
7.4 You confirm and warrant to ChessFlash that you have all the rights, power and authority necessary to grant the above licence.
8. EXCLUSION OF WARRANTIES
8.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ChessFlash's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
8.3 IN PARTICULAR, ChessFlash, DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- (C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
8.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.5 ChessFlash FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 8.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ChessFlash SHALL NOT BE LIABLE TO YOU FOR:
- (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH ChessFlash MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
9.2 THE LIMITATIONS ON ChessFlash's LIABILITY TO YOU IN PARAGRAPH 9.1 ABOVE SHALL APPLY WHETHER OR NOT ChessFlash HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10. Advertisements
10.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions.
10.2 The manner, mode and extent of advertising by ChessFlash on the Services are subject to change without specific notice to you.
10.3 In consideration for ChessFlash granting you access to and use of the Services, you agree that ChessFlash may place such advertising on the Services.
11. Changes to the Terms
11.1 ChessFlash may make changes to the Terms of Service from time to time. When these changes are made, ChessFlash will make a new copy of the Terms of Service available at http://ChessFlash.com/tos/.
11.2 You understand and agree that if you use the Services after the date on which the Terms of Service have changed, ChessFlash will treat your use as acceptance of the updated Terms of Service.
12. Legal Jurisdiction
12.1 The Terms, and your relationship with ChessFlash under the Terms, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and ChessFlash agree to submit to the exclusive jurisdiction of the courts located within the county of Harris, Texas to resolve any legal matter arising from the Terms.
June 14, 2008
