Welcome to The Chess School!
By using this site, you agree to be bound by these policies:
The Chess School provides its service to you subject to the following terms and conditions (the “Terms of
Service”). The Chess School may also offer other services that are governed separately by their own Terms
of Service.
Services
The Chess School provides content and tools designed to let users learn or teach chess; participate in
or manage chess clubs and classes; and engage in other chess-related activities that may be added from
time to time (the “Service”). You understand and agree that the Service is provided “AS-IS” and that The
Chess
School does not assume any liability for personal information stored through our Service. You accept that
some parts of the Service may include advertisements. The Chess School reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that The Chess School shall not be liable to you or to any third party
for any modification, suspension, or discontinuance of the Service.
Registration
In consideration of your use of the Service, you represent that you are of legal age to form a binding
contract or, if not, your parent has read and agreed to these term and will be responsible for your
compliance. You also agree to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service’s registration form and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or if The Chess School has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, The Chess School has the right to suspend or
terminate your account and refuse any and all current or future use of the Service.
The Chess School is
concerned about the safety and privacy of all its users, particularly children. For this reason, parents
or guardians of children under the age of 13 who wish to allow their children access to the Service must
create an account that is maintained by a legal guardian of at least 18 years old and monitor the child’s
usage. By allowing a child access to your account, you also give your child permission to access all areas
of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly,
as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or
Content are appropriate for your child.
If you are acting on behalf of a school or chess club that creates online accounts for children enrolled
in your program who are under the age of 13, you represent that you have the requisite permission from
that child’s parents that allows you to use online products such as ours to support your activities on
behalf of that child and that you will be responsible for proper use of the parental controls offered on
the service as if you were the parent. Mechanisms are provided by which you may transfer this
responsibility to the actual parent, if you so choose.
Privacy Policy
You acknowledge that you have read and agreed to our Privacy Policy, which may be reviewed at any
time via the link generally found at the bottom of this and most other pages.
Member Accounts
If you choose to register, you will have selected a username and password upon completing the Service’s
registration process. You are responsible for maintaining the confidentiality of the password and account.
You are also fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify The Chess School of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each session. The Chess
School cannot and will not be liable for any loss or damage arising from your failure to protect your
account.
You acknowledge, consent and agree that The Chess School may access, preserve and disclose your account
information and Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests
for customer service; or (e) protect the rights, property or personal safety of The Chess School,its
users, and the public.
Account Limitations
You acknowledge that The Chess School may establish standards and limits concerning use of the Service.
You agree that The Chess School has no responsibility or liability for the failure to store any messages
and other communications or other content or records maintained or transmitted by the Service. You
acknowledge that The Chess School reserves the right to sign out out accounts that are inactive for an
extended
period of time. You further acknowledge that The Chess School reserves the right to modify these general
practices and limits from time to time, at their sole discretion.
Termination
You agree that The Chess School may, without prior notice, immediately terminate your
account, any associated email address, and access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOS or other relevant documents, (b)
requests by law enforcement or other government agencies, (c) requests made by you, (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. Termination of your The
Chess School account includes (a) denial 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), and (c) barring of further use of the Service. Further, you agree that all
terminations
for cause shall be made in The Chess School’s sole discretion and that The Chess School 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.
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, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable;
- Threaten or harm minors in any way;
- “Stalk” or otherwise harass another;
- Impersonate any person or entity, including, but not limited to, a Chess School 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 infringes any patent,
service mark, trademark, trade secret, copyright 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;
- 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;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law,
and any regulations having the force of law; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and
activities set forth in the paragraphs above.
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Service (including your Chess School username), use of the Service, or
access
to the Service. You agree that your Chess School account is non-transferable.
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 The
Chess School, are entirely responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. The Chess School 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 The Chess School 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 The Chess School may or may not pre-screen Content, but that The Chess School 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, The Chess School and
its designees shall have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by The Chess School or submitted to
The Chess School, including without limitation information in The Chess School forums and in all other
parts of the Service.
You understand that the Service and software embodied 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 The Chess School and/or content providers who provide content to the Service. 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.
The Chess School 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 The Chess School the following worldwide, royalty-free and
non-exclusive license: that any Content you submit or make available for inclusion on publicly accessible
areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole
or in part) and to incorporate such Content into other works in any format or medium now known or later
developed.
Indemnity
You agree to indemnify and hold The Chess School 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 TOS, 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 The Chess School 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.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because The Chess School has no control over such sites and resources, you acknowledge and agree that
The
Chess School 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. You further acknowledge and agree that The Chess School 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
You acknowledge and agree that the Service and any necessary software used in connection with the Service
(“Software”) contain proprietary and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly
authorized by The Chess School or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in whole or in part.
The Chess School grants you a personal, non-transferable and non-exclusive right and license to use the
object code of its Software on one computer, or mobile device, at a time; 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 The Chess School for use in accessing the Service.
Trademark and Service Mark Information
Think Like A King,® Chess Club Manager,™ and The Chess Workouts,™ are product trademarks of
Food for Thought Software, Inc. The Chess School℠ and other marked names are service or trade
marks of The Chess School and its member companies, Food for Thought Software, Inc., Land of
Chess, Inc., and ChessKidsNation, LLC., and you agree not to display or use these marks in any manner
without The Chess School’s prior written permission.
General Information
The Terms of Service constitutes the entire agreement between you and The Chess School and governs your
use of the Service, superseding any prior agreements between you and The Chess School with respect to the
Service. You also may be subject to additional terms and conditions that may apply when you use or
purchase certain other The Chess School services, affiliate services, third-party content or third-party
software. The TOS and the relationship between you and The Chess School shall be governed by the laws of
the State of Illinois without regard to its conflict of law provisions. You and The Chess School agree to
submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois. The
failure of The Chess School to exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
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. The chess school and its 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.
- The chess school 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
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 the chess school 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 The Chess School and its subsidiaries, affiliates, officers,
employees, agents, partners and licensors shall not be liable to you for any direct, indirect,
incidental,
special, consequential or exemplary damages, including, but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if the chess school has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the
cost of procurement of substitute goods and services resulting from any goods, data, information or
services purchased or obtained or messages received or transactions entered into through or from the
service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or
conduct of any third party on the service; or (v) any other matter relating to the service.
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.
Subscriber Agreement
Paid subscriptions to The Chess School and other services on this site are governed by the following terms
and agreement:
Payments
Payments for subscriptions can be made via credit card or other form of payment that may be
offered to certain customers, such as schools. All subscriptions are in
US dollars. Some subscriptions are auto-renewed until canceled by the subscriber and will be identified
as such.
Services
Subscribers are guaranteed to receive the services outlined on the subscription page for the duration of
their subscription, except in the case of a systemwide termination of service. Services are effective and
available immediately upon receipt of payment other than renewals of existing services that you choose to
defer until the completion of your current subscription period.
The Chess School reserves the right to terminate its service systemwide with at least one-year notice to
subscribers. Upon such notice, all current and any subsequently purchased subscriptions will expire no
no later than the effective termination date in such notice and The Chess School will have no liability
for service or refunds of unused service beyond that date. In case of an involuntary termination without
such notice for technical, financial, or other reasons beyond our control, or liability will never be
more than the prorated unused share of the amount paid for each subscription, treating subscriptions with
no set expiration date as having a duration of one year from the start date.
Upgrades/Downgrades
Upgrades may be offered from certain products and services with full or partial credit. Terms will vary,
but you will always be shown the price to be paid as well as the expiration date or other relevant
information before you confirm the upgrade.
Downgrades with refunding of the price difference are not offered, but you may be able to choose in
advance to downgrade a subscription at its next renewal date. If such an option is available, it will
shown when you view your Subscription Options.
Refunds
If you are not satisfied, please contact Member Support. Full or partial refunds may be given at the
sole
discretion of The Chess School, based on individual circumstances, and are not guaranteed. Refunds will
NOT be given to subscribers who are banned from the site due to violating the
Terms and Conditions of site use (abusive behavior, cheating, etc).
If you have any questions regarding the above policies, please contact us.
