Terms of Use
By using our website (the "Site"), its services and the Chess Graphy software (the "Chess Graphy"), you agree to comply with and be bound by the following terms and conditions (the "Terms of Use"). Please review the following carefully. If you do not agree to these Terms of Use, you should not use the Site or Chess Graphy.
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Use of the Site
- The Site is provided for informational and entertainment purposes only. You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site.
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User Accounts
- To use certain features of the Site, you may be required to create a user account. You agree to provide accurate and complete information when creating your account, and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account login information and for any activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
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Content Ownership
- The content of the Site, including all software, text, graphics, images, and other material ("Site Content"), is owned by us or our licensors and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Site Content without our prior written consent.
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User-Generated Content
- The Site may allow you to post, upload, or otherwise submit content, including text, images, and videos ("User Content"). By submitting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
- You represent and warrant that:
- (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms of Use; and
- (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You acknowledge and agree that any files generated by the Site are owned by us and are provided to you for personal, non-commercial use only. You may not use the files generated by the Site for commercial use without our prior written permission.
- You acknowledge and agree that any files generated by the Chess Graphy software are owned by us and are provided to you for personal, non-commercial use only. You may not use the files generated by the program for commercial use without our prior written permission. In addition, you agree to use the program only in accordance with these terms and all applicable laws and regulations. Any unauthorized use of the program or files generated by the program may result in termination of your access to the program and legal action may be taken against you.
- Chess Graphy is a software program provided to users on an as-is basis. While we strive to ensure that the program operates as intended, we are not responsible for any loss or damage incurred due to a failure to save or store data generated by the program. It is the user's responsibility to save any important content created by the program. We strongly encourage users to save their work frequently to minimize the risk of data loss. By using Chess Graphy, users acknowledge and agree that they assume all risks associated with the use of the program, including the risk of data loss, and that they will not hold us liable for any such losses.
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Disclaimer of Warranties
- The site and its services are provided on an "As is" and "As available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the site or its services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
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Limitation of Liability
- In no event shall we be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with your use of the site or its services.
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Indemnification
- You agree to indemnify, defend, and hold harmless Chess Grapy and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or resulting from:
- (a) any violation of these Terms of Use by you or any person using your account;
- (b) any violation of applicable law or regulation;
- (c) any allegation that any materials or content you submit to the Site infringe or otherwise violate the intellectual property, privacy, or other rights of a third party; or
- (d) your use or misuse of the Site.
- You agree to promptly notify Chess Grapy of any third-party claims, actions, or proceedings against you that you are obligated to indemnify under this section. Chess Grapy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Chess Grapy in asserting any available defenses.
- This section will survive any termination or expiration of these Terms of Use or your use of the Site.