TERMS OF SERVICE

IChessU Limited owns and operates the International Chess University on the Internet. By becoming a registered member of the International Chess University and using its services, you agree to abide by all International Chess University policies, whether explicitly written, or unwritten but established by common practice, and the terms and conditions set forth in Terms of Use, which may be revised by IChessU from time to time.

1. Introduction

Welcome to IChessU web site (the “Website”). Please read the following Terms of Use carefully before using this Website or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to IChessU and its affiliates and subsidiaries (individually and collectively, “IChessU”).
By using the Website, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. IChessU has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Website shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of the Website at any time. We may also impose limits on certain features or restrict your access to parts or the entire Website without notice or liability.
Please note these Terms of Use are in addition to the End User License Agreement which governs the download, installation and use of the IChessU Application

2. Representations and Undertakings

Being a part of the International Chess University, you accept upon yourself certain rules of conduct and standards, among which you undertake the following:

• You will not give your password to anyone. You will not share your account. You are the only person allowed to use your account. Specifically, you will not allow other people to use your account for chatting, observing events, playing games, or for any other purpose. You will not use any account which does not belong to you.

• You acknowledge and agree that IChessU has the right to monitor such activity and further agree to indemnify, defend and hold IChessU harmless from and against any and all liabilities, claims, causes of action or damages (including attorney’s fees) arising from IChessU’s exercise of its rights herein.

• You will behave decently toward other players, and will not harm the atmosphere by:

• Intentionally disconnecting in a lost position or disconnecting in order to analyze the position.

• Refusing to resume an adjourned game when the opponent asks.

• Intentionally losing games or resigning games when you are not lost.

• Using a computer without telling the administrators or without putting a note in your finger, or without getting your account added to the computer list.

• Allowing another person besides you use your account, using another player’s account or playing rated games against yourself on a second account, even if it is your account.

• Receiving help from another player or computer while playing a rated game.

• Playing the same line over and over against a computer, to gain rating points. We will edit your rating to whatever we feel is reasonable if you do this.

• You will not copy, or in anyway display, reproduce, distribute, modify, or transmit the contents of the International Chess University without prior written permission of IChessU.

• You will not use the International Chess University for commercial purposes. You will not use the International Chess University for advertising of any sort without prior written permission of IChessU.

• If a representative of IChessU has a reason to believe that you will violate or have violated these Terms of Use, or other policies made available from time to time on the IChessU Website, you 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 of the Use of the International Chess University, without any refund.

3. Communication

The International Chess University makes reasonable efforts to create and preserve an enjoyable atmosphere. The opinions expressed by club members and guests are not necessarily those of IChessU. IChessU is not responsible for any communications posted by International Chess University members and guests and you acknowledged that IChessU does not have the obligation to monitor such communications. Any communication or material that you transmit to the International Chess University by e-mail or otherwise, will be treated as, non-confidential and non-proprietary. By posting communication and playing games on the International Chess University, you automatically grant IChessU 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, IChessU is free to use any ideas, concepts, know-how, or techniques contained in any communication that you send to the International Chess University for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
IChessU will use commercially reasonable efforts to keep the services offered on the International Chess University available at all times. You 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), IChessU 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 IChessU’s programs, IChessU’s computers, and the International Chess University’s Internet site. IChessU is not responsible for general failure of the Internet, routers, or member’s computer systems beyond its control.
You agree to defend, indemnity, and hold harmless IChessU, 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 International Chess University site, or you breach of these Terms of Use.

4. Intellectual Property

IChessU has the exclusive right, title and interest to the contents of the International Chess University site, including without limitation, IChessU’s trademark, service marks, copyrights and other intellectual property (the “Proprietary Rights”), unless otherwise specified therein. Except as provided herein, you acknowledge that you are not granted by implication, estoppels or other means any license or right to use the International Chess University site. All rights not expressly granted herein are reserved by IChessU. All contents of the International Chess University site are: Copyright 2006 IChessU Limited. All rights reserved.

5. General

IChessU reserves the right to amend these Terms of Use and its policies anytime without notice. You agree to abide by this User Agreement and all the International Chess University policies as long as you remain a registered member of International Chess University. IChessU reserves the right to refuse services to anybody in its own discretion. If any provision of these Terms of Use 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 International Chess University site and it supersedes any and all prior and contemporaneous communications between the parties, oral or written, with respect to the International Chess University site.