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.