User Agreement

Effective date: November 18, 2022

Put simply: respect others, respect the law, and enjoy yourself!

You must carefully read this User Agreement (“Agreement”) in its entirety before using the website, Chess.com, our related Chess.com mobile application, and any other websites or apps created and maintained by Chess.com, LLC. This is a legally binding agreement between you and Chess.com, LLC (“Chess.com”, “we”, “our” or “us”). Our Fair Play Policy, Subscriber Agreement, Community Policy, Competitive Events and Prizes Policy, Giveaways, Games of Chance and Sweepstakes Policy, and Gift Membership Service (the “Other Policies”) all are fully integrated into this Agreement, meaning that by accepting this Agreement, you also accept the Other Policies. The Other Policies are a part of this Agreement, even if we display the Other Policies on other webpages. If you are unable to access any of the Other Policies using the links above, please notify us at https://support.chess.com. Further, our Privacy Policy describes how we collect, handle and use the information you provide to us when you use the Service. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.chess.com/legal/privacy. Our Chess.com website and any content, tools, features, and functionality offered on our website and the related Chess.com mobile application, or any other websites or apps created by us, are collectively referred to as the “Services”.

By using our Service you agree to the terms in this Agreement. If you do not agree, then you should not use our Service, as further defined below. Your use of the Service is deemed a “continuing acceptance” of this Agreement, meaning that every time that you use the Service you accept the then-current version of the Agreement or any of the Other Policies, even if they have changed (without notice to you) since the last time that you used the Service.

To enter into this Agreement, use the Service, and/or create an account with us, you must be at least 13 years of age or older. If you are not of legal age in your jurisdiction but are at least 13 years of age, then your parent or legal guardian must consent to this Agreement on your behalf prior to your use of the Services and you may only use the Services with the involvement of your parent or legal guardian. If you are under the age of 13 you may not use the Service. If you enter into this Agreement, then you are affirming that you meet these requirements and we are permitted to reasonably rely on that. If you or someone you know has created an account on Chess.com who is under the age of 13, please notify us at https://support.chess.com.

This User Agreement, the Other Policies, and our Privacy Policy may be updated or modified from time to time; so you should check this page regularly to look for any changes. If you continue to use our Service, then you are telling us that you continue to agree to any changes to these agreements and policies. We are not required to notify you in the event that we change any of our policies, except that if you are a resident of the State of California or a domiciliary of any country subject to the General Data Protection Regulation, we will notify you if we: (a) make any changes to this Agreement or the Other Policies permitting us to sell your user data, or (b) if we make any commercial use of your user data other than for internal purposes only.

YOU SHOULD TAKE PARTICULAR NOTICE THAT THIS AGREEMENT INCLUDES THE FOLLOWING PROVISIONS: (1) AN ARBITRATION CLAUSE; (2) A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION LAWSUIT AGAINST US; (3) AND A RELEASE OF ALL CLAIMS AGAINST US THAT MAY ARISE OUT OF YOUR USE OF OUR SERVICE.

Arbitration, Controlling Law, and Jurisdiction

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If you have any dispute with Chess.com that relates in any way to this Agreement, including the Other Policies, the Privacy Policy, or from access to or use of our Service, or from any other use of the Services and/or transactions with Chess.com of any kind, including use of Chess.com for marketing or educational purposes and all other purposes, then both of us agree to pursue a resolution in the manner outlined below. We each have thirty (30) days from the date of your initial agreement to the Agreement to opt out of this Arbitration Provision.

1. Informal Resolution

You will first contact us at https://support.chess.com to give us notice of your dispute and attempt to resolve it with us informally.

You must title your notice to us “Notice of Dispute” and it must include your full legal name (your real name), any relevant account name you use (your account name or account ID), your address, how to contact you, your problem, and what you want us to do. We will attempt in good faith to negotiate a resolution of the dispute for at least thirty (30) days from the date you first contact our support group. If we are unable to resolve the dispute informally, then we will pursue a resolution in the following manner:

2. Arbitration

The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to this Agreement, even if you are not a domiciliary of the United States. All applicable international analogs to the FAA apply to this Agreement, except that no United Nations International Covenants, including the United Nations International Covenant on the Sale of Goods, apply to this Agreement.

Arbitration Procedure

You must deliver a Notice of Intent to Arbitrate by certified mail using the U.S. Postal Service to: Chess.com, Legal, 877 E 1200 S #970397, Orem, UT 84097. Your Notice must: (a) describe the nature and basis of your claim; and (b) set forth the specific relief you seek.

You then will submit any claim to final and binding arbitration with the American Arbitration Association (“AAA”), using its applicable Commercial Arbitration Rules and Consumer Arbitration Rules, as modified by this Agreement. The AAA Rules are found at http://www.adr.org.

The Arbitrator will be bound by this Agreement. AAA and the Arbitrator will conduct all phases of the proceeding in English. The Arbitrator will conduct the hearing virtually but, if the parties agree that an in-person hearing is necessary, then the Arbitrator will conduct the hearing either in Utah County, Utah or the county where you reside. You may choose between the two locations.

Any decision or award will include a written statement which sets forth the decision of each claim and the basis for the award, including the Arbitrator’s essential factual and legal findings and conclusions.

The Arbitrator may only award legal or equitable remedies that are requested by you or Chess.com to satisfy one of our individual claims (and which the Arbitrator determines are supported by credible relevant evidence). The Arbitrator may not award relief against Chess.com respecting any person other than you.

If necessary, either party may submit any arbitration decision or award to any court of competent jurisdiction to be enforced as a final judgment. The arbitrator’s award will be deemed final and binding, without the opportunity for appeal. All parties to such arbitration agree to waive any appeal rights, to the fullest extent permissible under the FAA and the then-current Commercial Rules of the AAA.

Arbitration Fees, Costs, and Attorney’s Fees

If you seek a remedy in the amount of $10,000 or less, then Chess.com will promptly reimburse your filing fee and your share, if any, of AAA’s arbitration costs, including arbitrator compensation in the event that the arbitrator grants an award in your favor (unless the arbitrator determines that your claims are frivolous or were filed for harassment, in which case you agree to reimburse Chess.com’s fees and costs, including attorneys’ fees, associated with defending such an action). If you seek a remedy of more than $10,000 – or if the AAA Consumer Arbitration Rules do not apply – then AAA will split the arbitration costs, including arbitrator compensation, between you and Chess.com, according to the AAA Commercial Arbitration Rules, except in the event that the arbitrator determines that your claims are frivolous or were filed for harassment.

The Arbitrator shall issue no arbitration award that requires one party to pay the attorney’s fees of the other, unless the Arbitrator finds that the party’s claims were frivolous or brought to harass the other.

Nothing in this section shall prevent either party from seeking relief either in small claims court (for eligible claims) or injunctive or other equitable relief from the civil courts for matters related to data security, intellectual property, or unauthorized access to the Service. Nothing in this section may be construed to limit any rights or forbid any recourse which, under applicable local law, may not be limited by an otherwise-valid arbitration provision.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CHESS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION CLAIM.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

If for any reason a dispute between you and Chess.com proceeds in court rather than in arbitration, then the laws of the State of Utah and the FAA will govern, without regard to or application of any conflict of law provisions or your state or country of residence.

Furthermore, any such dispute will be brought solely in the U.S. District Court located in Salt Lake County, Utah or the Utah State District Court in Utah County, Utah, United States. You consent to the jurisdiction of and venue in such courts and waive any objection that it is an inconvenient forum.

3. Alternative Dispute Resolution

If your dispute pertains to a Chess.com finding that you violated its Fair Play Policy then, if you do not wish to submit it for arbitration with AAA, you may choose to submit it, instead, for final and binding arbitration with a Fair Play Panel of Experts. Chess.com shall enjoy the sole right to review any such claims submitted for resolution by the Fair Play Panel of Experts, and shall enjoy the right at its sole discretion to accept or reject any such claims for arbitration. If Chess.com rejects such a claim for resolution by a Fair Play Panel of Experts, you still may use the Arbitration Procedure provided in sub-section 2 above.

This panel will conduct its hearing using AAA’s Consumer Arbitration Rules, as modified by the Arbitration provisions in Section 2 of this Agreement.

Chess.com will pay all of the fees and costs associated with this Fair Play Panel proceeding (except for your attorney’s fees). Both you and Chess.com will remain responsible for their own attorney’s fees under all circumstances, no matter who prevails in this proceeding.

The Fair Play Panel will consist of three persons chosen by you and Chess.com from a panel of candidates, each of whom is either a recognized expert in the field of chess cheat detection or has obtained (and currently holds) at least the title of Chess International Master. The assembly and composition of a Fair Play Panel shall be entirely at the discretion of Chess.com and, by submitting to the jurisdiction of the Fair Play Panel, you agree that its decision shall be final and binding, with no opportunity for appeal unless Chess.com, in its sole discretion, elects to grant such an appeal.

Termination

You agree that Chess.com may, with or without cause, and without prior notice, immediately terminate, suspend, disable or delete your Chess.com account, any associated email address, and access to the Service. Chess.com may terminate with or without cause at any time and effective immediately, at Chess.com’s sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Compliance with this Agreement or the Other Policies does not constitute a promise or guarantee of future access to Chess.com or to the Service. Cause for such termination may include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. If terminated for actions causing actual, compensable harms to Chess.com (for example, participating in a data breach of Chess.com), Chess.com shall enjoy all rights and remedies against you, including seeking its remedies through the courts of the State of Utah or otherwise.

Termination of your Chess.com account may include us taking the following measures: (a) removal of access to all offerings within the Service, (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 Service, (d) if you violate the Fair Play Policy, labeling your account as having been closed for violating the Fair Play Policy, as well as removing your profile avatar, name and personal information from the account (but retaining its username), (e) if you violate the Fair Play Policy while playing an event, the event organizer may disqualify you from the event due to your Chess.com account having been closed for a Fair Play Policy violation, and (f) if you violate the Community Policy, labeling your account as having been closed for abuse, as well as removing your profile avatar, name and personal information from the account (but retaining its username).

Further, you agree that all terminations shall be made in Chess.com’s sole discretion and that Chess.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. There is no right to appeal the termination of a Chess.com account unless Chess.com, in its sole discretion, determines to provide such an appeal. If you are subject to the GDPR or if you are a domiciliary of the State of California, termination of your Chess.com account does not terminate your right to receive a copy of, or request the deletion of, any personal data that we hold or process for you.

Account Limitations

Chess.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Chess.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Chess.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Chess.com reserves the right to log off accounts that are inactive for an extended period of time.

Furthermore, with respect to the Fair Play Policy, Chess.com also 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 Chess.com’s 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 Chess.com and you related to our finding your behavior suspicious. For clarity, Chess.com has complete discretion with respect to your account and related communications when finding your behavior suspicious in any respect.

Chess.com reserves the right to modify these general practices and limits from time to time without notice to you.

Prizes

To play in events with prizes on Chess.com, 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. Chess.com is not responsible for verifying the legality of your participation in events.

In the event that you win any Prize (monetary, or other) in any Competition (tournament, event, or other) on Chess.com, you hereby acknowledge and consent to Chess.com’s ongoing investigation of your games whether related or unrelated to those occurring within the Competition and that any judgment made as a determination of your eligibility to win any Prize or a disqualification thereof shall lie with Chess.com. Chess.com may, at its sole discretion, withhold any and all Prizes won in any Competition on our Site for any period of time pending investigation into your Games. Any decision by Chess.com regarding forfeiture, reduction or cancellation of Prizes in accordance with Chess.com’s 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 Competition you hereby agree to release, discharge and hold harmless our company, 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 Competition and/or any Prize that may or may not be awarded to you as a result thereof and Chess.com fully excludes any liability in relation to any such Claims.

Chess.com shall not be liable to you for any failure to perform any of our obligations under the Competition or in respect of the Prize where Chess.com is unable to do so as a result of circumstances beyond our reasonable control.

You hereby agree to indemnify our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisor fees) suffered by Chess.com arising as a result of a breach by you of your obligations under these Rules, the Chess.com Terms of Service, the Tournament Rules or the Special Terms or in connection with your failure to follow any instructions given by our team or in relation to any matter concerning your participation in a Competition.

In case of disputes or disagreements concerning any aspect of a Competition including but not limited to all matters relating to the awarding of the Prizes, an Entrant’s eligibility to participate in the Competition, the conduct of any Entrant, these Rules, the Chess.com Terms of Service, the Tournament Rules or the Special Terms, the final decision shall lie with our team and any decision by Chess.com shall be final and binding upon you and shall not be subject to review or appeal by you or any third party.

Chess.com does not and cannot provide tax advice or legal advice regarding the tax disposition of any Prizes. Chess.com 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, Chess.com may or may not provide notice to you of such disclosures in its sole discretion, which may constitute a limitation upon your privacy rights under the GDPR or the analogous data privacy laws of your jurisdiction.

Member Conduct

You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages for Chess.com groups, clubs, blogs, or any other content on or off of Chess.com;
  • post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic;
  • threaten violence against anyone else or advocate harming yourself;
  • "stalk" or otherwise harass another;
  • impersonate any person or entity, including, but not limited to, a Chess.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • upload, post, email, transmit or otherwise make available any Content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Service;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • access or use the Service in any manner that could disable, overburden, damage, interfere with or disrupt the Service or servers or networks connected to the Service or any other party’s access to or use of the Service;
  • disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in this Agreement;
  • duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
  • use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Service;
  • access, tamper with, or use non-public areas of the Service, Chess.com's computer systems, or the technical delivery systems of Chess.com’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  • intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above and/or
  • access or use the Services in any way not expressly permitted by this Agreement.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Chess.com username), use of the Service, or access to the Service. You agree that your Chess.com account is non-transferable.

Compliance with the above rules and regulations does not constitute a guarantee of continued access to the Service or use of Chess.com. Chess.com reserves the right to limit or terminate your access to Chess.com and/or the Service at any time.

Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Chess.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Chess.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Chess.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that Chess.com may or may not pre-screen Content, but that Chess.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Chess.com and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. Chess.com may remove any Content on the Service for any reason and may suspend or terminate users or reclaim usernames at any time without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Chess.com, its users, and the public.

Chess.com does not and cannot monitor Content generated by other users. Chess.com does not warrant the suitability of any user-generated content for any other users, including you.

You understand that the Service and software embedded within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Chess.com and/or content providers who provide content to the Service. Such embedded software may include cookies. Please review our cookie policy for further information.

You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Chess.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Chess.com a worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive license, with right of sublicense, to use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform and publicly display any Content you submit or make available for inclusion on publicly accessible areas of the Service and to incorporate such Content into other works in any format or medium now known or later developed. Such license grant will continue after you delete your Chess.com account or if we otherwise disable, suspend or terminate your Chess.com account pursuant to this Agreement. For clarity, this license grant includes the right, with the right of sublicense, to publish, re-use, or monetize any Content, games, comments, usernames, or other UGA associated with your account (as defined below) and/or your Content (e.g. your Chess.com account username, profile picture, and country). We may sublicense such rights to third parties; for example, we may sublicense this right to Connected Services (as defined below). By posting or otherwise making available Content through the Services (including your Chess.com account profile picture), you represent that you have all rights, licenses, consents, permissions, power and authority necessary to grant the rights for such Content.

Recording, relaying, and sharing videos of the use of the Chess.com interface (for example in videos for YouTube, on Twitch, etc) is allowed provided that the Chess.com logo is shown in the interface. The recorded material is owned by the creator, though the interface, designs, and artwork remains the property of Chess.com. We will continue to retain the right, however, to revoke your permission to use our property at any time at our own discretion.

Third-Party Connected Services

Certain Connected Services may include functionality whereby you can link your Chess.com account with your account on such Connected Service or otherwise use your Chess.com account credentials to sign in to such Connected Service. Upon doing so, you acknowledge and agree that certain of your Chess.com 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). None of your data will be shared without your explicit permission, other than your username and public data. Your login information and password will not be shared. You will, of course, be subject to their separate Terms of Service, Privacy Policies, and other governance. Chess.com is not liable for your interactions with any Connected Service.

User Game Activity (UGA)

Our Services also include the generation and maintenance of a record of each user’s game activity, history, statistics, archive, and a public record of play. When you play a chess game through the Service, a record of the game activity in such chess game (“UGA”), may be available to you, other users, and the public, in certain formats, including but not limited to, Portable Game Notation (also known as PGN), Forsyth-Edwards Notation (also known as FEN), GIF, and/or JPEG. The UGA may include certain of your Content (e.g. your username, profile picture, and country), which is subject to the license grant in the section titled “License to Access and Use the UGA” 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.

License to Access and Use the 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 Service; provided, however, that license is subject to this Agreement and 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 Chess.com. 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.

We grant you a limited, nonexclusive, nontransferable right to create a text hyperlink to our Service, including the UGA, for lawful commercial and noncommercial purposes, provided that such link does not portray Chess.com or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may use the logo or other proprietary graphics of Chess.com to link to the Service or Content with our inferred permission. You also may use or frame or use framing techniques to enclose any Chess.com trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service with our inferred consent.

NFT Policy

You may be able to buy, sell, trade and transact in NFTs associated with UGA on storefronts and secondary marketplaces via third party platforms or Connected Services (“NFT Platforms”). We are not the seller of any NFT available on NFT Platforms. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any such NFT Platforms. We do not control the actions of such platforms, and make no promises or guarantees of any kind regarding such NFT Platforms or your ability to transaction in NFTs associated with UGA on such NFT Platforms.

You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology. These include, but are not limited to, risk of losing access to NFTs due to loss of private key(s), custodial error or purchase error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. Any purchase or sale you make, accept or facilitate outside of the Service will be entirely at your risk. We do not authorize, control or endorse purchases or sales of NFTs outside of the Service. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting or facilitating transactions in any NFTs outside of the Service.

If you have a dispute with one or more third parties related to a Connected Service or NFT Platform, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You agree to indemnify and hold Chess.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Chess.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. All third-party content, including advertised content, is solely the responsibility of those third-parties; Chess.com does not warrant the suitability of any third-party content for any purpose, nor does Chess.com warrant the accuracy or completeness of any third-party statements.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Chess.com has no control over such sites and resources, you acknowledge and agree that Chess.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. Chess.com does not warrant the suitability of any third-party Content for any particular use or purpose. Chess.com does not warrant the accuracy of any third-party advertisements. You further acknowledge and agree that Chess.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Proprietary Rights

All right, title, and interest in and to the Service, including applicable copyrights, trademarks, and any other proprietary rights, are and will remain the exclusive property of Chess.com and its licensors, whether or not registered with any applicable trademark-granting authority. All trademarks, service marks, logos, trade names, and any other proprietary designations of Chess.com used herein are trademarks or registered trademarks of Chess.com. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. Chess.com reserves all rights not expressly granted in this Agreement.

If any software, content or other materials owned or controlled by Chess.com are distributed to you as part of your use of the Services, Chess.com grants you a personal, non-transferable, non-sublicenseable and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services and the right to use the object code of its Software on a single computer, and the right to download a single copy of our mobile application onto your applicable device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Chess.com for use in accessing the Service. This license is freely revocable by Chess.com at any time.

Trademark Information

All CHESS.COM trademarks and service marks and other Chess.com logos and product and service names are trademarks of Chess.com, LLC. Without Chess.com's prior permission, you agree not to display or use these trademarks in any manner.

Feedback

Chess.com welcomes feedback, comments and suggestions for improvements to the Services (“<strong>Feedback</strong>”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Chess.com, and Chess.com may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Chess.com any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Chess.com respects the intellectual property rights of others and expects users of the Service to do the same. Chess.com complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us; provided that if there is Content associated with an NFT that is infringing, we will use commercially reasonable efforts efforts to prevent such NFT from displaying the infringing content when connected to our Services).

If you believe that any Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (such as a url);
  • your contact information, including your address, telephone number, and an email address;
  • a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your removed Content is not actually infringing, or that you have the necessary rights to post your Content, please send us a counter-notice containing the following information:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • your physical or electronic signature (with your full legal name);
  • identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief, under penalty of perjury, that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed Content. Unless the original person alleging copyright infringement files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, in ten to fourteen business days or more after receipt of the counter-notice, at Chess.com’s sole discretion.

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Chess.com may also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:

Chess.com, Legal
877 E 1200 S #970397
Orem, UT 84097

International Usage

This Service is provided by Chess.com from its offices in the United States of America. Chess.com makes no representation that the Service is appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You represent and warrant that 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 you are not listed on any U.S. government list of prohibited or restricted parties.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CHESS.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE CHESS.COM WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • CHESS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE USED TO ACCESS OR PROVIDE THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHESS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
  • A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
  • LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHESS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF CHESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO CHESS.COM, THE SERVICE OR ANY CONTENT APPEARING ON OR UPLOADED TO THE SERVICE.

    IF, FOR ANY REASON, A COURT FINDS CHESS.COM LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHESS.COM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

    THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Modifications to the User Agreement

    We may modify this Agreement at any time, and we will update the most current version at www.chess.com/legal. If we determine that we have made a material change, we will notify you by sending you an email to the email address you provided when registering for your account or by posting a notice through the Service. If you continue to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service.

    General Information

    This Agreement constitutes the entire agreement between you and Chess.com and governs your use of the Service, superseding any prior agreements between you and Chess.com with respect to the Service. This Agreement is the entire and exclusive agreement between Chess.com and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Chess.com and you regarding the Service (excluding any services for which you have a separate agreement with Chess.com that is explicitly in addition or in place of this Agreement). If any provision of this Agreement is held invalid, the remainder of the Terms of Service shall continue in full force and effect. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you. Chess.com may freely assign this Agreement, and you expressly agree that any intellectual property rights licensed to Chess.com hereunder, including any rights to Content, are transferable to Chess.com’s assignee without your consent. The failure of Chess.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.