Internet Chess Club, Inc. (the "Company") owns and operates the Internet Chess Club ("ICC") on the Internet. By becoming a registered member of ICC and/or using its services or software, I agree to abide by all ICC policies, whether explicitly written, or unwritten but established by common practice, and the terms and conditions set forth in this User Agreement, which may be revised by the Company from time to time.
1) I will not give my password to anyone. I will not share my account. I am the only person allowed to use my account. Specifically, I will not allow other people to use my account for chatting, observing events, playing games, or for any other purpose. The only exception is that I may allow a third party to play one (1) unrated game for the purpose of demonstrating ICC. I will not use any account which does not belong to me.
2) I will not use chess database software, analysis software or chess engines while playing games on ICC, unless my account is on the Company's computer list. I acknowledge and agree that the Company has the right to monitor such activity and further agree to indemnify, defend and hold the Company harmless from and against any and all liabilities, claims, causes of action or damages (including attorney's fees) arising from the Company's exercise of its rights herein.
3) I will behave decently toward other players, as described in "help atmosphere" and "help abuse."
4) I will not copy, or in anyway display, reproduce, distribute, modify, or transmit the contents of ICC without prior written permission of the Company.
5) I will not use ICC for commercial purposes. I will not use ICC for advertising of any sort without prior written permission of the Company.
If a representative of the Company has reason to believe I will or have violated ICC policies or any term or condition of this User Agreement, I acknowledge and agree that such representative has the right to take appropriate actions in his/her sole discretion, including without limitation, suspension of certain chat features, temporary suspension of services, or in extreme cases, a permanent loss of my membership on ICC without any refund.
THIS INTERNET CHESS CLUB SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, THE WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT THIS SITE AND SERVICE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF USE OF THIS SITE OR ITS CONTENT RESULTS IN THE NEED FOR REPLACING OR SERVICING MY COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, THE COMPANY IS NOT RESPONSIBLE FOR THESE COSTS. If at any time I am not satisfied with the services that the Company is providing, my exclusive remedy is to request a refund for the unused remaining paid time, as explained in "help refund."
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE AND ITS MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company will use commercially reasonable efforts to keep the services offered on ICC available at all times. I understand that from time to time, routine maintenance and installation of new features may be necessary, and will result in short periods that the services may be unavailable (down-time). If the amount of cumulative down-time in any calendar year exceeds 4 days (96 hours), the Company will provide members in good standing with a free extension of their membership equal to double the amount of down-time. This will only include down-time resulting from the Company's programs, the Company's computers, and ICC's Internet site. The Company is not responsible for general failure of the Internet, routers, or members’ computer systems beyond its control.
I agree to defend, indemnify, and hold harmless the Company, its officers and directors, employees and agents, from and against any and all liabilities, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from my use or inability to use of materials on the ICC site, or my breach of this User Agreement.
The Company has the exclusive right, title and interest to the contents of the ICC site as well as Dasher, BlitzIn and certain other software used to access the service, including without limitation, the Company's trademark, service marks, copyrights and other intellectual property (the "Proprietary Rights"), unless otherwise specified therein. Except as provided herein, I acknowledge that I am not granted by implication, estoppel or other means any license or right to use the ICC site or software without prior written consent of the Company. All rights not expressly granted herein are reserved by the Company. All contents of the ICC site are:
© Copyright 1995-2008 Internet Chess Club, Inc. All rights reserved.
The ICC makes a reasonable effort to create and preserve an enjoyable atmosphere and to enforce the policies as described in "help atmosphere." The opinions expressed by club members are not necessarily those of the Company. The Company is not responsible for any communications posted by club members. Any communication or material that I transmit to ICC by e-mail or otherwise, will be treated as nonconfidential and non-proprietary. By posting communication and playing games on ICC, I automatically grant the Company a royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication that I send to ICC for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Membership in and use of ICC is by subscription, generally paid by credit card or other automated method. I agree that my credit card or alternate payment method on file with the Company may be charged at my membership expiration date for the amount and renewal period of the subscription plan that I have most recently selected. For yearly or longer subscriptions, I will be notified approximately one week in advance of the charge at the email address currently on file for me. Whether notified or not, I may cancel my membership at any time prior to the next expiration date and will not be further charged.
The Company retains all right, title, and interest in and to Dasher, BlitzIn, and other proprietary software it offers to access the ICC service or to perform certain offline functions, and the Company reserve any rights not granted to you herein. You may not reverse engineer, disassemble, decompile, or translate the software, or otherwise attempt to derive the source code of the software, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to the Company and shall be deemed to be the confidential proprietary information of the Company. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease, loan, or resell for profit the software, or any part thereof. You may not reproduce, distribute, publicly perform or publicly display the software except as expressly permitted, and you may not create derivative works of the software.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will the Company's liability in connection with the software or service, regardless of the form of action, exceed $100. Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing limitations may not apply to you.
This User Agreement shall continue until terminated. You may terminate the User Agreement at any time by deleting all copies of the software and ceasing use of the service. This license terminates automatically if you violate any terms of the Agreement. Upon termination you must promptly delete all copies of the software. All appropriate sections of this Agreement, such as restrictions on use of software and content, shall survive termination.
If the software is installed on computers owned by a corporation or other legal entity, then this User Agreement is formed by and between the Company and such entity. The individual executing this Agreement represents and warrants to The Company that he/she has the authority to bind such entity to the terms and conditions of this User Agreement.
The Company reserves the right to amend this User Agreement and its policies anytime without notice. I agree to abide by this User Agreement and all ICC policies as long as I remain a registered member of ICC or use any services or software of the Company. The Company reserves the right to refuse services to anybody in its own discretion. If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between the parties with respect to the ICC site and it supersedes any and all prior and contemporaneous communications between the parties, oral or written, with respect to the ICC site. By my browsing in and use of ICC, I agree that this User Agreement shall be interpreted and enforced under the laws of the Commonwealth of Pennsylvania without regard to the conflicts of law principle. I irrevocably consent to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and the federal courts situated in the Commonwealth of Pennsylvania, venue of Allegheny County.
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.