|Chesshere.com - Rules and Regulations|
Welcome to Chesshere.com, the home of web based Email chess. Chesshere.com is provided as a service to users who agree to abide by the following terms and conditions. Chesshere.com reserves the right to change the nature of this relationship at any time and for any reason.
It is a player's responsibility to keep up to date with any changes within these terms and conditions. If the sites menu interface is activated, these terms and conditions will be available on the Help and feedback menu at the bottom. Any user who violates the terms of this Agreement may have their Chesshere.com Account cancelled, and they may be permanently banned from using Chesshere.com.
BY COMPLETING THE REGISTRATION PROCESS OR PURCHASING MEMBERSHIP, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
•ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The term ("chesshere") and ("Chesshere.com") are interchangeable within this document
•DESCRIPTION OF SERVICE
Chesshere.com is providing the Player with a service via the World Wide Web and on Chesshere.com's own system.
The Player must:
(1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web;
(2) provide for the Player's own access to the World Wide Web and pay any telephone service fees associated with such access.
Information requested on original sign up shall be referred to as registration data ("Registration Data").
•CHANGES TO TERMS OF SERVICE
Chesshere.com may change these terms and conditions. Upon any change in these terms and conditions, Chesshere will notify you by email or by posting the changes as a system message.
Player's continued use of the Service constitutes an agreement by the Player to abide and be bound by these terms and conditions and modifications.
•CHANGES TO SERVICE
Chesshere.com will endeavour to maintain and improve this service indefinitely. Chesshere.com reserves the right to modify or discontinue the Service with or without notice to the Player. Chesshere.com shall not be liable to the Player or any third party should Chesshere.com exercise its right to modify or discontinue the Service.
To comply with the Children's Online Privacy Protection Act (COPPA), this site is only available to users who are at least 13 years old. If you are under 13, please do not use this service
It is Chesshere.com's policy to respect the privacy of its Players. Chesshere.com will not disclose any Player information unless:
Chesshere.com as a matter of policy does not prescreen or monitor any information or communications; however, Chesshere.com has the right, but not the responsibility, to remove any information or dialogue which is deemed in Chesshere.com's sole discretion harmful, offensive, immoral, unethical or otherwise in violation of any rules Chesshere.com has in place at the time.
Furthermore, Chesshere.com will not disclose the contents of a Player's communications through the private communications via the Service unless required to do so by law or in the good faith belief that such action is necessary to:
The Player acknowledges and agrees that Chesshere.com neither endorses the contents of any Player communications nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising from or any crime facilitated thereby.
Players acknowledges and agrees that, due to circumstances beyond Chesshere.com's control, it may be impossible to maintain the absolute confidentiality of private messages written via the Service. Chesshere.com assumes no liability for loss or damage resulting from a breach of said confidentiality. However, it is the policy of Chesshere.com not to monitor, edit or disclose the contents of private messages other than
(1) what is technically necessary to process those messages
Player acknowledges and agrees that certain technical processing of messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
Chesshere.com will not be liable for disclosure in the event of a technical fault or human error.
•MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a guest or full member of the Service, you have created a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. Full members may change their password at any time by following instructions.
The Player agrees to immediately notify Chesshere.com of any unauthorized use of Player's account or any other breach of security known to Player.
Chesshere.com will only discuss this account with the Email address registered on the account. Requests for information or action from other email accounts will be declined.
Only one account per member is permitted unless prior permission is obtained from the Site Helpdesk.
•DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CHESSHERE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CHESSHERE.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CHESSHERE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
CHESSHERE.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM CHESSHERE.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
•LIMITATION OF LIABILITY
CHESSHERE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CHESSHERE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
•RESALE OR COMMERCIAL USE OF THE SERVICE
Player agrees not to resell or make any commercial use of the Service, without the express consent of Chesshere.com
•GAME AND MESSAGE STORAGE AND OTHER LIMITATIONS
Chesshere.com assumes no responsibility for the deletion of or failure to store games or messages.
•MEMBER ASSISTANCE AND FAIR PLAY
Players on Chesshere.com should not try and distort their rating artificially by using external assistance.
"Immoral and unfair External assistance"
1) Using computer engines to generate your moves
"Moral and fair External assistance"
It is however acceptable and encouraged to use conventional resources which are in the spirit of correspondence chess, such as referencing Opening books (which could be electronic), etc. The use of such resources is considered "research" which has always been an attraction of correspondence chess.
The use of external assistance such as the ones mentioned above are not allowed in Real Time Chess ( RTC)
(1) to get emails from chesshere about games challenges ,reminders for chess moves, system enouncements and website news;
(2) to comply with United States of America law regarding the transmission of technical data exported from chesshere through the Service;
(3) not to use the Service for illegal purposes
(4) not to interfere or disrupt networks connected to the Service
(5) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Player's conduct is subject to Internet regulations, policies and procedures. Player will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Player agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Player further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Players will not use the site for commercial purposes such as advertising of other sites. Players will not communicate advertising of any sort in messages to the forum or other messages, without prior written permission of Chesshere.com
Player shall not interfere with another Player's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Players should not harass site Admins. Continual harassment can lead to an official warning and ultimately account termination
Chesshere.com may, at its sole discretion, immediately terminate Service should Player's conduct fail to conform with these terms and conditions
•GAME SPECIFIC MEMBER CONDUCT
All games played on chesshere should be played in the spirit of friendship, fun, mutual respect, sportsmanship, and fair play.
You should not resign games en-masse without very good reasons, and you should make every effort to inform the Helpdesk of these reasons. Inability to manage gameload is not a valid reason because for example, there are clear warnings given on tournament invitations for the number of games implied. Tournaments are not automatically assigned to players. You are solely responsible for managing your gameload.
Repeated draw offers, or not moving or leaving every move to the last minute, in a clearly lost situation - especially, whilst moving in other games are considered unsporting and unfriendly.
Player agrees to indemnify and hold Chesshere.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Player's use of the Service, the violation of this agreement by The Player, or the infringement by Player, or other user of the Service using Player's computer, of any intellectual property or other right of any person or entity.
Either Player or Chesshere.com may terminate the Player's Account at any time and for any reason. Once a Player's Account is terminated, that Player may not access Chesshere.com in any manner or for any reason without the consent of Chesshere.com.
•PROPRIETARY RIGHTS TO CONTENT
Player acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to the Player by the Service ("Content") by chesshere Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Player is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Player may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
The Player accepts that refunds will only be given at the sole discretion of Chesshere.com
This Agreement shall be governed by and construed in accordance with the laws of the United States of America , and the Player agrees to submit to the personal jurisdiction of the United States of America for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.