Terms and Conditions
Last updated: 16-Aug-2016
These Terms and Conditions (these “Terms”) govern your relationship with ChesStories Ltd. DecodeChess and its parents, subsidiaries, divisions, branches, and affiliates (collectively “ChesStories” or “We”), and set forth the terms and conditions under which ChesStories makes available its internet websites at DecodeChess.com and app.DecodeChess.com (the “Sites”) and/or the services available through the Sites or otherwise provided by ChesStories (all the above, collectively, the “Services”), to each person or entity (each a “User” or “you”) accessing or using the Sites and/or the Services. These Terms apply to all Users regardless of their location and nationality to the maximum extent permissible under applicable law.
By using and/or accessing and/or registering to the Sites or Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should leave the Sites and discontinue use of the Services immediately. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.
1. ChesStories offers Users a unique technology in the field of Chess analytics, which bridges the gap between mathematical computation of Chess moves and strategies and human language and concepts. In essence, the ChesStories interface computes and analyses chess strategies like a computer, but explains them like a person, offering the Users exceptional insight and understanding of Chess strategies and positions.
2. The Services allow you to create and submit a chess position for analysis. Once you have submitted a chess position for analysis, you will receive a report regarding the position submitted, generated by our system (the “DecodeChess”). Each Analysis Report generated for you will be saved in your account for future reference.
3. In the future, we may include additional functions to the Services, such as analytics of famous positions and games, communicating with other Users of the Sites, provision of personal feedback, storing full games, and others.
4. Please note that third party advertisements may appear on the Sites and Services from time to time. ChesStories does not endorse these advertisements, nor do such advertisements represent any recommendation provided by ChesStories.
Subscription and Registration
5. Various subscription packages are offered to the User on the Sites, according to different rates and terms as specified on the Sites. Not all of the features and functionality of the Services offered may be available in each package.
6. In order to purchase one of our packages, you will be transferred to our payment page, which enables payment for the package of your choice via PayPal (or other payment gateway in the future). Please note that currently we do not process payment independently and shall not be liable to any damage relating to payments made or proposed. Your subscription will be renewed automatically at the end of the subscription period. You may terminate your subscription by providing ChesStories with written notice at least 7 days prior to the end of your subscription.
7. In order to use the Services, you will be required to register and create an account by choosing a user name and password, and providing us with certain details, such as name, e-mail address, etc. This is information you provide us voluntarily. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You acknowledge and agree that you are solely responsible for any use of your account and all activities occurring in connection with the use of your account.
8. By registering to the Services you warrant and represent and that any information provided by you at the time of registration, including any billing information, is complete, truthful and accurate, and you agree to ensure that such information is kept up to date.
9. If your billing information and payment source you provided while registering for a package is invalid, if charges billed to you are declined or not paid or if you fail to pay charges when due, your account may be suspended or cancelled, at our sole discretion.
10. ChesStories may, in its sole discretion, refuse to offer access to or use of the Sites and Services to any User, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.
11. ChesStories may terminate your account immediately and without prior notice if you do not comply with the Terms.
12. ChesStories reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or terminate the Sites or any part thereof, at its sole discretion. You will have no claim, complaint or demand against ChesStories for applying such changes or for failures incidental to such changes.
ChesStories Intellectual Property
13. Content and information provided on and through the Sites and Services, including, without limitation, DecodeChess and ChesStories logos, trademark, graphics, design, information, text, images, data, software, code, technology, algorithm, analysis, Output, Analysis Report, and other material displayed, available, used or present on the Sitess (collectively, the “DecodeChess Content”) are the copyrighted and/or trademarked work of ChesStories, and/or proprietary information and knowledge protected under trade secret, owned exclusively by ChesStories and its affiliates.
14. ChesStories retains all rights, including any intellectual property rights in the DecodeChess Content. You hereby acknowledge that you have no right, title or interest in or to any DecodeChess Content, and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the DecodeChess Content in any manner.
15. For the avoidance of doubt, any Analysis Report or other analysis or explanation of a position or strategy generated by or through the Services, including any Analysis Report generated for you in response to a position you submitted through your account (collectively, “Output”) constitutes ChesStories’ sole and exclusive property, and ChesStories retains all rights, including any intellectual property rights in any and all Output. Without derogating from the above, ChesStories reserves the right to store, copy, reproduce, share with other users or third parties, make available to the public or exploit in any other manner any and all Output, and you shall have no rights or claims to any Output.
16. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services.
17. In connection with your use of any of the Services, and without limiting any of the other obligations under these Terms or applicable law, you agree not to upload, post, email, distribute, communicate, transmit or otherwise make available any content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, offensive, invasive of another’s privacy, or otherwise objectionable, (ii) that infringes any intellectual property right of any third party, (iii) that User does not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any “junk mail”, “spam” or disrupt discussions with repetitive messages.
18. ChesStories reserves the right, but is under no obligation, to review all User’s content and block, or remove any such content that ChesStories, in its sole discretion, considers to be non-compliant with any of the requirements of these Terms and/or any law or regulation under applicable jurisdiction
19. In addition, User shall not, and shall not permit others to:
19.1. Modify the Sites and/or Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, disrupt the Sites and Services, servers or networks connected to the Sites or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Sites, Services, their underlying software, or other technology, code, algorithm or other proprietary information of ChesStories in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites or the Services;
19.2. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Sites and Services and/or any ChesStories Content;
19.3. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Sites, Services, technology or any software thereto;
19.4. Create a database by systematically downloading and storing all or any content from the Sites or the Services;
19.5. Use the Sites and Services for any illegal, immoral or unauthorized purpose, encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
19.6. Not to engage in excessive usage of the Sites or the Services, as determined by ChesStories in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Sites, or disrupts the availability of the Sites and the Services for other users.
19.7. Not to use the Sites and Services in a way that infringes or violates these Terms.
USER ACKNOWLEDGES AND AGREES THAT THE SITE, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”, ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. CHESSTORIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITES (AND ALL CONTENT, INFORMATION, SOFTWARE, AND LINKS) AND / OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
1.1. CHESSTORIES’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CHESSTORIES (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITES AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. CHESSTORIES AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITES OR SERVICES FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH CHESSTORIES’ SITES AND SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF CHESSTORIES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHESSTORIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, CHESSTORIES WOULD NOT BE ABLE TO OFFER THE SITES OR THE SERVICES. WITHOUT DEROGATING FROM THE ABOVE, CHESSTORIES’ ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO CHESSTORIES UNDER THIS AGREEMENT DURING A THREE (3) MONTHS PERIOD PRIOR TO THE CLAIM RAISING THE LIABILITY.
Collection of Data
23. Other than with respect to Personal Data (as defined below), if you provide information via the Services, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.
Collection of Personal Data
24. We collect only Personal Data that is specifically and voluntarily provided by you, for example, when you register for an account, we collect your username, password and email address.
26. We constructed the Services with the clear understanding that your Personal Data is private and that it should not be accessible to anyone, unless as otherwise specified hereunder, and subject to Section 33 below.
Use of Data and Marketing Communications
27. Non-personal information is used mainly for click stream analysis in order to constantly improve and maintain our Services, including among others, for ensuring the technical functioning of our system, to help prevent fraudulent use of our Services and for developing new services and features.
28. We may also share non-personal, aggregate information regarding Service usage with our affiliates, partners and advertisers. From time to time, we may release non-Personal Data in the aggregate, e.g., by publishing a report on trends in our Services usage.
29. Personal Data is used only for limited purposes such as to store user preferences, to contact you in response to requests or inquiries, or to optimize the content we display and personalize your experience.
30. We may send users of the Sites or Services who provided us with their contact details, information on special offers, products, features, activities, services and periodic announcements or newsletters. By accepting these Terms you hereby provide us with your explicit, written consent to receive marketing communications. You may at any time choose to opt-out and to not receive these communications, by following the “unsubscribe” link at the bottom of each email.
31. We may also use Personal Data to communicate with you regarding customer service issues. These communications are not promotional in nature. When you send communications to us, we may retain those communications in order to process your inquiries, respond to your requests and/or improve our Services.
Disclosure of Data
32. We do not share or distribute your Personal Data with unrelated third parties, except under limited circumstances, such as to comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or the Sites, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.
Protection of Data
33. We implement a variety of security measures to maintain the safety of your Personal Data as are customary in the industry with similar sites. Nevertheless, these security measures cannot fully eliminate security risks associated with personal information. Therefore, ChesStories shall not be liable for any damages caused by unauthorized access to your Personal Data and/or to your Account.
Transfer of Data Abroad
34. ChesStories is a global enterprise and may maintain facilities and databases in different countries. We may, from time to time, transfer your Personal Data to one of our databases in another country. If the level of privacy protection in a country does not comply with recognized international standards, we will ensure that data transferred to our databases in that country is adequately protected and that the transfer of data to third parties in such countries is made pursuant to a contract or other measures providing adequate protection.
35. Of course, the Internet is made up of a large number of international connections. If you are visiting the Sites or Services from a country other than the country in which our server is located, the various communications will necessarily result in the transfer of information across international boundaries. We may also use hosting services located in other countries at our sole discretion, which will necessitate transfers of data. By using the Sites or the Services and communicating electronically with us, you explicitly and unequivocally consent to transfers of data as specified hereunder.
36. You understand and acknowledge that the Sites and Services are currently in their testing stage, and are made available as a “Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available. Occasionally, the Sites might not work at all. ChesStories is not obligated to provide any maintenance, technical or other support for the Service.
37. The Sites, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel-Aviv, Israel.
38. These Terms comprise the entire agreement between you and ChesStories relating to the Sites and the Services. We may change the terms of these Terms at any time, so please review this page regularly.
39. ChesStories does not guarantee continuous, uninterrupted access to the Sites, and operation of the Sites and/or Services may be interfered with by numerous factors outside ChesStories’ control.
40. If any provision of these Terms is held unenforceable, then such provision will be modified to the extent possible to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
41. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and ChesStories.
42. User may not assign this agreement. ChesStories may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
43. Users may give notices to ChesStories by email to DecodeChess.com/contact.