Terms And Conditions | Chess Endgames Network

Terms and Conditions set out on this page constitute an agreement between you and ChessEndgames.net. You accept this agreement by visiting our website or using our Services.
Please, review our Terms and Conditions carefully.

Acceptance of Terms and Conditions

By using ChessEndgames.net or any of our services, you accept our Terms and Conditions.

Definitions

Website and all services at domain ChessEndgames.net are operated by Ataraxia j.d.o.o., Blajburskih zrtava 11, Bjelovar 43000, Republic of Croatia. “ ChessEndgames.net”, “we”, “us” or “our” as applicable refers to Ataraxia j.d.o.o.

A “customer” (“you” or “your” as applicable) is anyone ordering, registering for or making use of any product, service or just visiting website of ChessEndgames.net.

Services

ChessEndgames.net provides a collection of content, resources, tools, and technologies that enable users to learn and play chess and its surrounding culture (the “Service”). You accept that the Service may include advertisements. ChessEndgames.net 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 ChessEndgames.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Registration

In order to be permitted to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the required fields in Service’s registration form and in the optional fields if you so choose; 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 ChessEndgames.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ChessEndgames.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

Minors & Children

ChessEndgames.net 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 18 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.

Account Limitations

You acknowledge that ChessEndgames.net 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 ChessEndgames.net’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. You agree that ChessEndgames.net 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. You acknowledge that ChessEndgames.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ChessEndgames.net reserves the right to modify these general practices and limits from time to time.

Termination

You agree that ChessEndgames.net may, with or without cause, and without prior notice, immediately terminate your ChessEndgames.net account, any associated email address, and access to the Service. ChessEndgames.net may terminate with or without cause at any time and effective immediately, at ChessEndgames.net’s sole discretion, including but not limited to Member’s failure to conform with these Terms and Conditions. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms of Service 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. Termination of your ChessEndgames.net account includes (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), and (c) barring of further use of the Service. Further, you agree that all terminations shall be made in ChessEndgames.net’s sole discretion and that ChessEndgames.net 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, 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 ChessEndgames.net groups, clubs, blogs, or any other content on or off of ChessEndgames.net

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 ChessEndgames.net 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
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
access, tamper with, or use non-public areas of the Service, ChessEndgames.net’s computer systems, or the technical delivery systems of ChessEndgames.net’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.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ChessEndgames.net username), use of the Service, or access to the Service. You agree that your ChessEndgames.net 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 ChessEndgames.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ChessEndgames.net 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 ChessEndgames.net 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 ChessEndgames.net may or may not pre-screen Content, but that ChessEndgames.net 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, ChessEndgames.net and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. ChessEndgames.net 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 the Terms of Service, 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 ChessEndgames.net, its users, and the public.

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 ChessEndgames.net 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.

ChessEndgames.net 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 ChessEndgames.net the following 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.

Indemnity

You agree to indemnify and hold ChessEndgames.net 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 ChessEndgames.net 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 ChessEndgames.net has no control over such sites and resources, you acknowledge and agree that ChessEndgames.net 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 ChessEndgames.net 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.

Copyright Policy

ChessEndgames.net respects the intellectual property rights of others and expects users of the Service to do the same. 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
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
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 ChessEndgames.net’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.

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, ChessEndgames.net EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE ChessEndgames.net WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ChessEndgames.net 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 ChessEndgames.net 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 ChessEndgames.net 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 ChessEndgames.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO ChessEndgames.net, THE SERVICE OR ANY CONTENT APPEARING ON OR UPLOADED 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.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by, and construed in accordance with, Croatian law. The parties irrevocably agree that the courts of the Republic of Croatia shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Croatian courts.

For the exclusive benefit of ChessEndgames.net, ChessEndgames.net shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.

Modifications to the Terms of Service

We may modify these Terms at any time, and we will update the most current version at chessendgames.net. 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.

Subscriber Agreement

Paid subscriptions to ChessEndgames.net and other services on our site are governed by the following terms and agreement:

Payments

Payments for subscriptions can be made via credit card, PayPal, wire transfer, or other payment methods. All subscriptions are processed in EURO unless otherwise shown.

All subscriptions may be auto-renewed until cancelled by the subscriber through their account, or by contacting us.

Services

Subscribers are authorized to receive the services outlined on the subscription page for the duration of their subscription. Services are effective immediately upon receipt of payment.

Upgrades/Downgrades

Upgrades and Downgrades are not available until after the expiration of the original subscription. For help, please contact us.

Affiliates Agreement

As an authorized affiliate (Affiliate) of ChessEndgames.net, you agree to abide by the terms and conditions contained in this Agreement (Agreement) and Terms and Conditions. Please read the entire Agreement carefully before registering and promoting ChessEndgames.net as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to ChessEndgames.net by your own website or personal referrals.

By signing up for the ChessEndgames.net Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

– Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

– Commissions

Commissions will be paid once a month, only if your earnings exceed € 50.

For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.

You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per order. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission for each order.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

– Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

Violation of intellectual property rights. ChessEndgames.net reserves the right to require license agreements from those who employ trademarks of ChessEndgames.net in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with ChessEndgames.net, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, ChessEndgames.net reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

– Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the ChessEndgames.net site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

– Coupon and Deal Sites

ChessEndgames.net occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
Affiliates may not bid on ChessEndgames.net Coupons, ChessEndgames.net Discounts or other phrases implying coupons are available.

Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

– Pay Per Click (PPC) Policy

PPC bidding is NOT allowed.

– Liability

ChessEndgames.net will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by ChessEndgames.net. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

– Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

– Indemnification

Affiliate shall indemnify and hold harmless ChessEndgames.net and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by ChessEndgames.net to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

If you have any questions regarding the above policies please contact us.

By email: