Terms of Service
Last Updated: September 1, 2024
ICC (“we,” “our,” or “us”) makes this website and any other websites of ICC, our affiliates, or agents (collectively, the “Website”) and the information and services on it pursuant to these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE WEBSITE AND THE INFORMATION ON IT ARE CONTROLLED BY ICC. THESE TERMS OF SERVICE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL USERS VISITING THE WEBSITE. BY CHECKING THE “ACCEPT THE TERMS AND CONDITIONS” BOX AND COMPLETING THE SIGN UP PROCESS, AND/OR DOWNLOADING OUR MOBILE APPLICATION (THE “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU (OR YOUR PARENT OR GUARDIAN) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE PERSON YOU HAVE NAMED AS THE USER, AND TO BIND THAT INDIVIDUAL TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.
TO ENTER INTO THIS AGREEMENT, USE OUR WEBSITE, AND/OR CREATE AN ACCOUNT WITH US, YOU MUST BE AT LEAST 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT ON YOUR BEHALF PRIOR TO YOUR USE OF THE WEBSITE AND YOU MAY ONLY USE THE WEBSITE WITH THE CONSENT AND INVOLVEMENT OF YOUR PARENT OR LEGAL GUARDIAN. IF YOU KNOW OF SOMEONE UNDER THE AGE OF 13 WHO IS EITHER USING OUR WEBSITE OR HAS CREATED AN ACCOUNT WITH US, AND THEY ARE DOING SO WITHOUT PARENTAL/GUARDIAN CONSENT, THEN PLEASE NOTIFY US AT SUPPORT@CHESSCLUB.COM.
IF YOU ACTIVATE A MEMBERSHIP FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT OUR THEN-CURRENT FEE.
PLEASE BE AWARE THAT SECTION 13 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS
CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT (DEFINED BELOW).
PLEASE BE AWARE THAT SECTION 1.4 (ICC COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.
Your use of, and participation in, the activities on the Website may be subject to additional terms including our Fair Play and Community Policy and our Games of Chance and Sweepstakes Policy (the "Supplemental Terms"). If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control. The Terms of Service and any applicable Supplemental Terms are referred to herein as the "Agreement."
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms of Service available at the Website and within the Application and any new Supplemental Terms will be made available on the Website or within the Application. We will also update the “Last Updated” date at the top of the Terms of Service. If we make any material changes, and you have a membership Account with us, we may, at our sole discretion, also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Website and/or Application and will be effective thirty (30) days after posting the updated Agreement on the Website, provided that any material changes shall be effective for Members who have an Account with us upon the earlier of thirty (30) days after posting the updated Agreement on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Members (defined in Section 2.1 (Registering Your Account) below). We may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or Application is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or Application. Otherwise, your continued use of the Website and/or Application constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. USE OF THE WEBSITE, APPLICATION, AND ICC PROPERTIES. The Application, the Website, and the information and content available on the Website and in the Application (as these terms are defined herein) (each, an “ICC Property” and collectively, the “ICC Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, we grant you a limited license to reproduce portions of ICC Properties for the sole purpose of using the Website and/or Application for your personal use. Unless otherwise specified by us in a separate license, your right to use any and all ICC Properties is subject to the Agreement.
1.1 Application License. Subject to your compliance with the Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
1.2 Updates. You understand that ICC Properties are evolving. As a result, we may require you to accept updates to ICC Properties that you have installed on your computer or mobile device. You acknowledge and agree that we may update ICC Properties with or without notifying you. You may need to update third-party software from time to time in order to use ICC Properties.
1.3 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit ICC Properties or any portion of ICC Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other ICC Properties (including images, text, page layout or form) of ICC; (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of ICC Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of ICC Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in ICC Properties. Any future release, update or other addition to ICC Properties shall be subject to the Agreement. We, our suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any ICC Property terminates the licenses granted by us pursuant to the Agreement.
1.4 ICC Communications. By entering into this Agreement or using the ICC Properties, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the ICC Properties, updates concerning new and existing features on the ICC Properties, communications concerning promotions run by us or our third-party partners, and news concerning ICC and industry developments. Standard text messaging charges applied by your cell phone carrier may apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY UNSUBSCRIBE BY FOLLOWING THE OPT OUT OPTIONS IN THE PROMOTIONAL CALLS OR TEXTS. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE ICC PROPERTIES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN CONTACT ICC AT SUPPORT@CHESSCLUB.COM. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE ICC PROPERTIES.
2. REGISTRATION
2.1 Registering Your Member Account. In order to access certain features of ICC Properties you may be required to become a registered Member. For purposes of the Agreement, a “Member” is a user who has registered an account with us on the Website (“Account”) or has an account with the provider of the Application for the user’s mobile device.
Registration Data. In registering an Account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as
prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you or your parent or guardian is (i)at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using ICC Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (y) notify us immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide 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 ICC Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use ICC Properties if you have been previously removed by us, or if you have been previously banned from any of ICC Properties.
2.2 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account (other than User Content), and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of ICC.
2.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to ICC Properties, including but not limited to, a mobile device that is suitable to connect with and use ICC Properties, in cases where the Website offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing ICC Properties.
3. RESPONSIBILITY FOR CONTENT
3.1 Types of Content. You acknowledge that all any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through ICC Properties (collectively, “Content”), including ICC Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not ICC, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through ICC Properties (“Your Content”), and that you and other users and Members, and not us, are similarly responsible for all Content that you and they make available through ICC Properties (“User Content”).
3.2 No Obligation to Pre-Screen Content. You acknowledge that we have no obligation to pre-screen Content (including, but not limited to, User Content), although we reserve the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content, including without limitation chat, text, or voice communications. If we pre-screen, refuse, or remove any Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
3.3 Use of AI. In order to provide the Website, we may rely on artificial intelligence features that leverage machine-learning functionality (“AI Technology”). Such AI Technology may be provided by third-party providers or services (“AI Suppliers”). By using the Website, you acknowledge that we and our AI Suppliers may collect, use and disclose Your Content in order to, among other things, develop and improve our and their products and services. You further acknowledge that we have no control over AI Suppliers’ use of Your Content once it is submitted through or embedded into any AI Technology provided by an AI Supplier.
4. OWNERSHIP
4.1 ICC Properties. Except with respect to Your Content and User Content, you agree that we and our suppliers own all rights, title and interest in ICC Properties (including but not limited to, any computer code, themes, objects, characters, concepts, methods of operation, moral rights, documentation, and our software. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any ICC Properties.
4.2 Trademarks. ICC, Internet Chess Club, chessclub.com and all related graphics, logos, service marks and trade names used on or in connection with any ICC Properties or in connection with the Website are the trademarks of ICC and may not be used without permission in connection with your, or any third-party, products, or services. Other trademarks, service marks, and trade names that may appear on or in ICC Properties are the property of their respective owners.
4.3 Your Content. We do not claim ownership of Your Content. However, when you post or publish Your Content on or in ICC Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
4.4 License to Your Content. Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing ICC Properties to you and to our other users and Members. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not us, are responsible for all of Your Content that you make available on or in ICC Properties.
4.5 User Game Activity. The ICC Properties include the generation and maintenance of a record of each Member’s game activity, history, statistics, archive, and a public record of play. When you play a chess game, a record of the game activity in such chess game (“UGA”), may be available to you, other users and Members, and the public, in certain formats. The UGA may include certain of Your Content (e.g. your username, profile picture, and country), which is subject to the license grants in Section 4.4 above and Section 4.6 below. This record of your UGA is publicly available and can be accessed, used, and monetized by anyone for any number of purposes, including, but not limited to, publishing images of your UGA in for example, blogs, videos, social media posts, game collections, or creating NFTs.
4.6 License to Use UGA. We grant you a limited, nonexclusive license to access, display and use the UGA, including the UGA of certain games played by other users on the Website or Application; provided, however, that license does not include any right to: (a) sell, resell or use it commercially; (b) hide, delete, modify or otherwise make any derivative uses of the UGA, or any portion thereof; (c) use any data mining, robots or similar data gathering or extraction methods; (d) download (other than page caching) any portion of the UGA; except as expressly permitted by us; and (f) use the UGA other than for their intended purposes. The UGA may include our trademarks, service marks, logos, trade names, graphics, user interface, design, and/or other proprietary designations of ICC. You acknowledge that nothing in this license will be interpreted to grant you any rights to such marks or design that may be displayed or contained in any UGA, other than the right to display them as incorporated in the UGA, subject to the restrictions contained in this Agreement.
4.7 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on ICC Properties, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
4.8 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum, Discord or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of ICC Properties and/or our business.
5. USER CONDUCT. As a condition of use, you agree not to use ICC Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to either (a) take any action or (b) make available any Content on or through ICC Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) impersonates any person or entity, including any employee or representative of ICC; (v) interferes with or attempt to interfere with the proper functioning of ICC Properties or uses ICC Properties in any way not expressly permitted by this Agreement; or (vi) attempts to engage in or engage in, any potentially harmful acts that are directed against ICC Properties, including but not limited to violating or attempting to violate any security features of ICC Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in ICC Properties, introducing viruses, worms, or similar harmful code into ICC Properties, or interfering or attempting to interfere with use of ICC Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” ICC Properties.
6. INVESTIGATIONS. We may establish general practices and limits concerning the use of your Account, including without limitation: monitoring your game data and behavior and, upon finding your behavior suspicious, restricting your game play, removing you from an event, or preventing you from joining an event. Other examples of our general practices concerning the use of your Account upon finding your behavior suspicious may include letting the public know your Account or game play is under review and making public any communications between us and you related to our finding your behavior suspicious. We have sole discretion with respect to your Account and related communications when finding your behavior suspicious in any respect. If we become aware of any suspicious behavior or violations by you of any provision of the Agreement, we may, at our sole discretion, immediately terminate your license to use ICC Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you. ICC reserves the right to modify these general practices and limits from time to time without notice to you.
7. INTERACTIONS WITH OTHER USERS
7.1 User Responsibility. You are solely responsible for your interactions with other users, Members, and any other parties with whom you interact; provided, however, that ICC reserves the right, but has no obligation, to intercede in such disputes. You agree that ICC will not be responsible for any liability incurred as the result of such interactions.
7.2 Content Provided by Other Users. ICC Properties may contain User Content provided by other users and Members. Company is not responsible for and does not control User Content. Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users and Members at your own risk.
8. FEES AND PURCHASE TERMS
8.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Stripe with a valid credit card (Visa, MasterCard, or any other issuer accepted by Stripe) of a payment provider (“Payment Provider”), as a condition to signing up for a membership. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or PayPal account used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on ICC Properties or by e-mail delivery to you.
8.2 Membership Fees. You will be responsible for payment of the applicable membership fee (each, a “Membership Fee”) at the time you create your Account and select your membership package (each, a “Commencement Date”). Except as set forth in the Agreement, all fees are non-refundable. No contract will exist between you and us until we accept your order.
8.3 Taxes. As applicable, you are responsible for, and agree to pay, all taxes, fees, and surcharges set by any governmental agency or taxing authority. You agree to indemnify and hold us harmless for any liability for tax in connection with the purchase of an Account.
8.4 Automatic Renewal. Your membership will continue indefinitely until terminated in accordance with the Agreement. After your initial membership period, and again after any subsequent membership period, your membership will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then-current price for such membership. You agree that your Account will be subject to this automatic renewal feature unless you cancel your membership by logging into and going to the “Manage my Subscription” link of the “Account” page in your Profile. If you cancel your membership, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. By subscribing, you authorize us to charge your Payment Provider now, and again at the beginning of any subsequent membership period. Upon renewal of your membership Account, if we do not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that we may either terminate or suspend your membership and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).
9. INDEMNIFICATION. You agree to indemnify and hold ICC, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, an “ICC Party” and collectively, the “ICC Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any ICC Property; (c) your violation of the Agreement, including official rules for Competitive Events, any participation agreement for Competitive Events, and any prize agreements; (d) your violation of any rights of another party, including any users and Members; or (e) your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the ICC Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to ICC Properties.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS
10.1 Chatbot. The Website may contain the ability to correspond with the Website via an automated chat function. You acknowledge that such functionality is AI Technology and that you are not corresponding with a human. By using the Website, you acknowledge that AI Technology-generated information is made available solely for general information purposes. You should independently fact check AI Technology-generated information.
10.2 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF ICC PROPERTIES, INCLUDING WITHOUT LIMITATION, ANY AI TECHNOLOGY, IS AT YOUR SOLE RISK, AND ICC PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ICC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING:
(a) ICC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) ICC PROPERTIES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS; (2) YOUR USE OF ICC PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ICC PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH ICC PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS ICC PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE WEBSITE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF WEBSITES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH ICC PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10.3 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ICC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ICC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY THAT THE WEBSITES OR SERVICES PROVIDED BY THIRD
PARTIES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SUCH WEBSITES OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH ICC PROPERTIES.
10.4 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF ICC PROPERTIES. YOU UNDERSTAND THAT ICC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF ICC PROPERTIES. ICC MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR
BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
11. DISCLAIMERS; LIMITATION OF LIABILITY
11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ICC PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF ICC PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE ICC PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH ICC PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ICC PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO ICC PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ICC PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY AN ICC PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY AN ICC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, ICC PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO ICC BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ICC PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY AN ICC PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY AN ICC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.3 User Content. EXCEPT FOR OUR OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN ICC’S PRIVACY POLICY, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
11.4 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is our policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on ICC Properties in a way that constitutes copyright infringement, please email support@chessclub.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on ICC Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
13. MONITORING AND ENFORCEMENT. ICC reserves the right to: (a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users and Members of the ICC Properties or the public, or could create liability for ICC; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the ICC Properties; and/or (e) terminate or suspend your access to all or part of the ICC Properties for any or no reason, including without limitation, any violation of this Agreement.
14. TERM AND TERMINATION.
14.1 Term. The Agreement commences on the date when you accept the Terms of Service (as described in the preamble above) and remain in full force and effect while you use ICC Properties, unless terminated earlier in accordance with the Agreement.
14.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used ICC Properties or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any ICC Properties, unless earlier terminated in accordance with the Agreement.
14.3 Termination by ICC. The Membership Fee for any Service shall be non-refundable. We may, with or without cause, and without prior notice, immediately terminate, suspend, disable, or delete your Account and access to the ICC Properties. Cause for such termination may include, but is not limited to, if timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if we are required to do so by law (e.g., where the provision of the ICC Properties is or becomes unlawful). Termination of your Account may include us taking the following measures: (a) removal of access to all offerings within the ICC Properties, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) barring of further use of the ICC Properties, (d) if you violate the Fair Play and Community Policy, labeling your account as having been closed for violating the Fair Play and Community Policy, as well as removing your profile avatar, name and personal information from the Account (but retaining its
username), and (e) if you violate the Fair Play and Community Policy while playing in a Competitive Event, the event organizer may disqualify you from the event due to your Account having been closed for a Fair Play and Community Policy violation. 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 ICC Properties.
14.4 Termination by You. If you want to terminate your membership Account, you may do so in your online Account. YOUR ACCESS TO YOUR ACCOUNT WILL CONTINUE AT THE END OF EACH MEMBERSHIP PERIOD UNLESS YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 7.5 (AUTOMATIC RENEWAL).
14.5 Effect of Termination. Termination includes removal of access to the Website and barring of further use of the Website. Termination also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. You understand that any termination of your Account may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
14.6 No Subsequent Registration. If your registration(s) with, or ability to access, ICC Properties, is discontinued by ICC due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access ICC Properties through use of a different Member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those ICC Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
15. INTERNATIONAL USERS. ICC Properties can be accessed from countries around the world and may contain references to Content that is not available in your country. These references do not imply that ICC intends to announce such Content in your country. ICC Properties are controlled and offered by ICC from its facilities in the United States of America. ICC makes no representations that ICC Properties are appropriate or available for use in other locations. Those who access or use ICC Properties from other countries do so at their own volition and are responsible for compliance with local law.
16. DISPUTE RESOLUTION. Please read the following arbitration agreement in this section (“ Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
16.1 Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
16.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: Vcorp Services, LLC, 108 W. 13th Street, Suite 100, Wilmington, DE 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
16.4 Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 (Application of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
16.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
16.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@chessclub.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your ICC username (if any), the email address you used to set up your ICC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
16.7 Severability. Except as provided in Section 13.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
16.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
16.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing us at the following: support@chessclub.com.
17. THIRD-PARTY SERVICES
17.1 Third Party Connected Services. The ICC Properties may include functionality whereby you can link your Account with your account on third party connected services (“Connected Services”) or otherwise use your Account credentials to sign into such Connected Service. Upon doing so, you acknowledge and agree that certain of your Account information may be shared with the provider of such Connected Service in connection with your account on such Connected Service (e.g. username, profile picture, name, email, country, etc.). Your login information and password will not be shared. You will, of course, be subject to their separate Terms of Service and Privacy Policy. ICC is not liable for your interactions with any Connected Service. Any interactions, transactions, and other dealings that you have with any third parties found on or through the ICC Properties (including those that are linked from the ICC Properties) are solely between you and the third party (including issues related to payments, delivery of goods, and warranties), and we disclaim all liability in connection with such transactions.
17.2 Third Party Service Provider. We use Stripe, Inc. and its affiliates as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Third Party Service Provider”). By using an ICC Property, you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/us/terms) and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with one or more Third Party Service Provider(s) to the minimum extent required to complete your transactions.
17.3 Third Party Websites, Applications and Ads. ICC Properties may contain links to third-party websites (“Third Party Websites”), applications (“Third Party Applications”) and advertisements for third parties (“Third Party Ads”). When you click on a link to a Third-Party Website, Third Party Application or Third-Party Ad, we will not warn you that you have left ICC Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third Party Applications and Third-Party Ads are not under our control. We are not responsible for any Third-Party Websites, Third Party Applications or Third-Party Ads. We provide these Third-Party Websites, Third Party Applications and Third-Party Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, Third Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third Party Websites, Third Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
17.4 App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and us and not with the App Store. We, not the App Store, are solely responsible for ICC Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with ICC Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any ICC Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
17.5 Accessing and Downloading the Application from Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Agreement is concluded between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
(d) You and we acknowledge that, as between ICC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ICC and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
18. GENERAL PROVISIONS
18.1 Competitive Events and Prizes. To play in events with prizes on the Website or Application, you must be an adult of legal age as considered by the governing laws of your state or country of residence and comply with your local laws. If you are not of legal age, then your parent or legal guardian must consent to this Agreement. In the event that you win any prize (monetary, or other) (“Prize”) in any competition, tournament, or other competitive events (“Competitive Events”), you hereby acknowledge and consent to our ongoing investigation of your games whether related or unrelated to those occurring within the Competitive Event and that any judgment made as a determination of your eligibility to win any Prize or a disqualification thereof shall lie with ICC. We may, at our sole discretion, withhold any and all Prizes won in any Competitive Event on our Website or Application for any period of time pending investigation into your games. Any decision by ICC regarding forfeiture, reduction or cancellation of Prizes in accordance with our Terms of Service shall be final and binding upon you and shall not be subject to review or appeal by you or any third party. By participating in any Competitive Event you hereby agree to release, discharge and hold harmless ICC, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents, from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf) (“Claims”), as a result of your participation in the Competitive Event and/or any Prize that may or may not be awarded to you as a result thereof and ICC fully excludes any liability in relation to any such Claims. ICC shall not be liable to you for any failure to perform any of our obligations under the Competitive Event or in respect of the Prize where we are unable to do so as a result of circumstances beyond our reasonable control. You hereby agree to indemnify ICC, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees against all Claims arising as a result of a breach by you of your obligations under this Agreement or in connection with your failure to follow any instructions given by ICC or in relation to any matter concerning your participation in a Competitive Event. In case of disputes or disagreements concerning any aspect of a Competitive Event including but not limited to all matters relating to the awarding of the Prizes, Members’ eligibility to participate in a Competitive Event, the conduct of any user or Member, or this Agreement, the final decision shall lie with ICC and any decision by us shall be final and binding upon you and shall not be subject to review or appeal by you or any third party. ICC does not and cannot provide tax advice or legal advice regarding the tax disposition of any Prizes. We may disclose information related to Prizes to any tax authority it deems necessary, including by way of response to a valid request for information by any governmental body making such a request. Without limiting the generality of the foregoing, we may or may not provide notice to you of such disclosures in its sole discretion.
18.2 Electronic Communications. The communications between you and us may take place via electronic means, whether you visit ICC Properties or send us e-mails, or whether we post notices on ICC Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
18.3 Release. You hereby release ICC Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of ICC Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of ICC Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by an ICC Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website provided hereunder.
18.4 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
18.5 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18.6 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to ICC Properties, please contact us at: support@chessclub.com. We will do our best to address your concerns.
18.7 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and we agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of Delaware, County of Kent.
18.8 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
18.9 Notice. Where we require that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: 8 The Green Ste A-13114, Dover, DE 19901. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
18.10 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18.12 Export Control. You may not use, export, import, or transfer ICC Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained ICC Properties, and any other applicable laws. In particular, but without limitation, ICC Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using ICC Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use ICC Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18.13 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
18.14 Entire Agreement. The Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.