1.1. These terms and conditions relate to our website www.chesszebra.com and to any other websites that we own containing our ChessZebra pages, products and services (our “Website”).
1.2. Please read these Terms and Conditions carefully before you start using any section of our Website. By using any section of our Website or by registering with us through the Website, you agree to be bound by:
- these Terms and Conditions;
- any terms and conditions and or rules with regards to promotions or special offers which may apply from time to time;
4. Access to the Website & Content
4.1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of the Website without notice. If the need arises, we may suspend access to parts of our Website or the entire Website for maintenance purposes. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
4.2. From time to time, we may restrict access to some parts of our Website to users who have registered with us.
4.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
4.5. You are solely responsible for making all arrangements necessary for you to have access to the Website. We will not be liable for any losses caused to you by the internet or any telecommunications service provider which you have engaged in order to access the Website.
4.7. We may, in our absolute discretion, change the content of our Website at any time.
4.8. We cannot guarantee that our Website will be compatible with any hardware or software that may be used by you upon visiting our Website.
4.9. If you want to report an error or have any questions please contact the Customer Support Team.
5. Use of the Website
5.1. You shall use the Website and Platform for lawful proposes only.
5.2. You shall use the Website and Platform for your own personal and non-commercial use only and shall not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent.
5.3. You must not:
- attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to our Website;
- you must not attack our Website via a denial-of-service attack or a distributed denial-of service attack; and
- misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other harmful material designed to adversely affect the operation of any computer software or hardware.
5.4. By breaching any provision of clause 5.3, you may commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing information about you to them. In the event of such a breach, your right to use our Website will cease immediately.
5.5. You shall not use the Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- for any purpose which is or is likely to be considered to be harmful, threatening, defamatory, libellous, abusive, vulgar, obscene, hateful, racist, sexist, of a discriminatory nature or which could cause offence or is otherwise objectionable;
- for the purpose of harming, threatening or attempting to harm or threaten minors in any way; nor
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to "stalk" or otherwise harass another;
- to impersonate any person or entity, including, but not limited to, Logical Thinking representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (toevoegen account andere username of is dat ´j´)
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
5.6. You shall not interfere with, damage or disrupt:
- any section of our Website;
- any network on which our Website is stored; or
- any software used in the provision of our Website.
5.7. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
6. Registration, Opening & Maintaining Account
6.1. By registering with us, you will open an account (“Account”) with us.
6.2. When registering and opening an Account with us, you are requested to choose your own username and password. You should ensure that these details are kept private as you are responsible for all activity undertaken with your username (where the correct security information has been provided). If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should contact us immediately so that new security details can be allocated to you. These new details will be emailed to you.
6.3. If another person accesses your Account, you are solely responsible for all their actions whether or not their access was authorized by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your Account by any third party.
7. Our Products & Services
General Access to the Website, our products and services
7.1. All users of the Website will have full access to the ChessZebra video library.
7.2. We will allow you access to the Website and to our products and services as we deem fit and we reserve the right to increase or reduce such access at our sole discretion.
Use of the Website without opening an Account
7.3. You may access limited sections of the Website and a limited number of our products and services with a (Free membership). You will be blocked from accessing certain sections, services and products of the Website until you subscribe to Premium Membership (“Premium Membership”).
Access to the Website after opening an account
7.4. After you register with us and thereby open an Account, you will be able to access to our products and services (as more particularly set out here). You will be blocked from accessing certain sections, services and products of the Website until you subscribe to Premium Membership.
Access to the Website after subscribing to Premium Membership
7.5. After opening an Account and subscribing to Premium Membership, you will be able to access all sections of the Website (as more particularly set out here) and you will have full use of our products and services. except for those which must be purchased separately from the ChessZebra video library.
8. Premium Membership Subscription
8.1. The current fees (the “Fees”) payable for subscriptions (“Subscription(s)”) to Premium Membership are set out in here. Upon paying the Fees you will become a Premium Member (“Premium Member”) and you shall have access to the sections of the Website, products and services to which Premium Members are entitled (as more particularly set out here).
8.2. Subscriptions shall be for either 1 or 12 month periods and the Fees are paid in advance.
8.3. Unless your Premium Membership is cancelled as set out in clause 8.4, Subscriptions shall be automatically renewed after the end of the subscribed period of Premium Membership and every 1 or 12 months thereafter depending on the chosen Subscription.
8.4. Cancellation. You may cancel your Subscription by notifying the Customer Support Team, of your intention to so cancel, in writing at least two weeks before the expiry of the current period of your Premium Membership.
8.5. If you fail to pay the Fees or you fail to pay on time if you are paying these monthly, we reserve to revoke access to the Website and to our products and services.
8.6. You may pay the Fees as set out in clause 10.
9. The ChessZebra video library
9.1. The ChessZebra video library contains a range of products and services which you may obtain and access as set out therein. You may pay for such products and services as set out in clause 10.
10. Method of Payment
10.1. We have an agreement with Mollie BV, www.mollie.com (the “Payment Provider”) which will be taking payment of the Fees and for the ChessZebra Store products and services on our behalf. We will not take any payments from you directly.
10.2. When making a payment via our Website, you will be directed to a segregated part of our Website (the “Payment Page”)provided by the Payment Provider and to which only you and the Payment Provider shall have access to. Upon accessing the Payment Page you must provide all details the Payment Provider may request, accept their terms and conditions and deal with them in accordance with the same.
10.3. We accept no liability for your dealings with the Payment Provider or for any payment-related issues.
11. Revocation of access to the Website & Termination of Account
11.1. We reserve the right to revoke your access to the Website and to our products and services and to close your Account and terminate any associated email address (“Termination of your Account”) at any time at our sole discretion.
11.3. If you have opened an Account with us without subscribing to Premium membership, you may close your Account at any time. You should indicate your desire to close your Account in writing via e-mail to our Customer Support Team.
11.4. If you cancel your Premium Membership (in accordance with clause 8.4), unless you ask our Customer Support Team to do so, we will not close your Account and you may continue to enjoy limited access to the Website, our products and services (in accordance with clause 7.4).
12. Consequences of Termination of your Account & of revocation of access to the Website
12.1. You agree that we shall not be liable to you or to any third party for any Termination of your Account or revocation of or limitation of access to the Website, our products and services and of any termination of any email address associated with your Account.
12.2. Your sole remedy in the event of Termination of your Account shall be the reimbursement of any Fees paid by you in respect of a Premium Membership Subscription for the current 1 or 12 month period you may have paid to us (should this be justified) depending on the chosen subscription and we shall have no further liability to you whatsoever.
12.3. Revocation of access to the Website and Termination of your Account may include revocation of access to the Website, removal of access to any offerings, products or services as we may deem fit, deletion of your password and all related information, deletion and/or removal of files and content associated with or inside your Account (or any part thereof) and the barring of further use of by you of the Website, our products and services.
13. Information we collect about you
13.1. It is your responsibility to ensure that your Account details and personal information is kept up to date. We reserve the right to suspend or Terminate your Account if this information, which includes your username and password, is deemed to be offensive or inappropriate.
13.3. We are entitled to share the information we hold on you, including personal data and use of the Website, with law enforcement and other bodies, including the police, in order to investigate fraud or money laundering issues and to comply with our duties.
14. No Warranty & Disclaimers
14.1. We will endeavour to provide the Website, our products and services using our reasonable care and skill. We make no further warranty or representation, whether express or implied, in relation to the Website, our products and services. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.
14.2. We make no warranty or representation that the Website and its content will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Website.
14.3. No advice or information, whether oral or written, obtained by you from or through the Website or from our products and services shall create any warranty.
14.4. You expressly understand and agree that your use of the Website and Platform, our products and services is at your sole risk. These are provided on an "as is" and "as available" basis. ChessZebra and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
14.5. 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 our Website, products and services. Immediately discontinue use of the Website, our products and services 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. You expressly agree and understand that we are not liable for any conditions you or anyone using your Account or accessing the Website through your internet connection may suffer as a result of accessing our Website, our products and services.
15. Reliance on material and information posted on our Website
15.1. The material displayed on our Website and in our products and services is provided without any guarantees, conditions or warranties as to its accuracy.
15.2. Commentary and other materials posted by us on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from:
(a) any reliance placed on any advertising materials by you or any visitor to our Website, or by anyone who may be informed of any of its contents; or (b) any reliance placed on any form of advice offered by any of our employees, servants, agents or independent contractors providing services to us.
16. Interactive Services
16.1. We may from time to time provide interactive services on our Website, including, without limitation, chat rooms and bulletin boards.
16.3. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
16.4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
17. Content Standards
17.1. These content standards (the “Content Standards”) apply to any and all material which you contribute to our Website (“Contribution(s)”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
17.2. Contributions must:
(a) be accurate (where they state facts); (b) be genuinely held (where they state opinions); and (c) comply with applicable law in Gibraltar and in any country from which they are posted. 17.3. Contributions must not: (a) contain any material which is defamatory of any person. (b) contain any material which is obscene, offensive, hateful or inflammatory. (c) promote sexually explicit material. (d) promote violence. (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. (f) infringe any copyright, database right or trade mark of any other person. (g) be likely to deceive any person.
18. Downloads & Streaming
18.1. For certain of our products and services offered through our Website, you may need to download software in order to use them and we will licence the software to you (or sub-license to you, to the extent the software is owned by a third party). The terms upon which you may download and use any such software will be made available to you at the time of download and must be accepted by you prior to your use of that software.
18.2. Downloads may involve placing files and installation software on the hard drive of your computer. Convenient locations for storing the software may be suggested during the download and installation procedure but it is your responsibility to store the software in accordance with the exact nature and set-up of your individual computer. We shall not be responsible for incorrect storage of the software in files/folders where it may interfere with the start up, running and third party software procedures of your computer.
18.3. You shall not:
(a) interfere with, modify or reverse engineer any software provided to you by us and/or any third party, except as permitted by law; or (b) copy or use any software, without our or the third party software providers written consent.
18.4. Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.
18.5. For certain of our products and services offered through our Website, you will need to stream video, audio and other content on to your computer. Any material streamed or otherwise viewed or listened to through the use of our Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or for any loss of data that results from viewing, listening to or otherwise accessing of any such material.
19. Uploading material to our Website
19.3. Any Contributions or other material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. By uploading any Contributions or other material to our Website, you are automatically deemed to have granted us a licence to use and sub-licence the same as we see fit, including for commercial purposes.
19.4. We also have the right to disclose information about you to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
19.5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. You accept that while we may adjust the format of any uploads that you make in order to optimise viewing, you continue to be liable for, and indemnify us against, any breach of intellectual property rights that subsist in the material posted.
19.6. You undertake to inform us forthwith of any claim or action brought against you for any Contribution made by you or any material uploaded by you to our Website or for any other act carried out by you on or through our Website.
19.7. If anyone brings a claim against us related to your Contributions, uploaded material, acts, content or information posted on or through our Website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You accept that a lack of knowledge concerning whether intellectual property subsists in the material you post is not a defence against liability.
20. Links from our Website
20.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).
20.2. A link from our Website does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the site reached using that link.
21. Linking to our Website
21.1. You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
22. Intellectual Property Rights
22.1. “ChessZebra” is registered Community Trade Mark of ChessAnalytics.
22.2. You acknowledge and agree that all intellectual property rights in our Website, its contents (including any software), the content published on it and our products and services shall remain at all times vested in us or in our licensors. These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, our products and services, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorized by us or by our licensors.
22.3. You acknowledge and agree that the material and content contained within our Website and in our products and services is made available for your personal non-commercial use only and that you may only download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
22.4. You may print off one copy and may download extracts of any page(s) from our Website for your personal reference and you may draw the attention of others to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
23. IT Failures
23.1. We cannot be held responsible for any consequences resulting from the Website and our products or services not being available to for any reason or due to you being disconnected from the Website as a result due to computer malfunctions, failure of telecommunications services or internet connections or as a result of any other IT failure.
25. Limitation of Liability
25.1. You agree that your use of the Website is at your sole risk.
25.3. We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising for:
(a) business interruption, loss of profits, revenue, business, data, opportunity, business information or goodwill; (b) wasted management or office time; (b) loss of reputation; or (c) indirect or consequential loss,
25.4. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.
26.1. We reserve the right to seek criminal and contractual sanctions against you if you are involved in fraud, dishonest or criminal acts and will make such reports as necessary to the authorities.
26.2. You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.
27.1. If you wish to make a query or complaint regarding the Website, our products or services, as a first step you should as soon as reasonably practicable contact our Customer Support Team.
27.2. If, after having dealt with a member of the Customer Support Team, your query or complaint is not resolved, you can ask for the query/complaint to be escalated to a manager or supervisor. Our manager/supervisor will look into your query/complaint in more detail and will contact you as soon as practically possible. You will be given the name and status of the person who your query/complaint has been referred to.
(a) Notices to you shall be sent by email to the relevant email address provided by you when opening an Account with us or by any of the methods set out in clause 28.5(b)(i) to (iii) inclusive. (b) If you have not opened an Account with us, notices to you shall be delivered: (i) by email to any email address you may have used to communicate with us, (ii) by post, courier or other form of physical delivery to your home or place of work or (iii) by personal delivery to you. (c) Notices to us shall be sent by email to Customer Support Team or to the registered address of ChessZebra at Spaces Rotterdam, Hofplein 20, 3032AC, Rotterdam, The Netherlands.