Terms of Service
Welcome to Next Chess Move (“NCM”). These Terms of Service (“Terms”) govern your access to and use of our websites including but not limited to, www.nextchessmove.com and forums.nextchessmove.com, website features, products, services, applications for mobile, and software provided by NCM (collectively, “Services”). By using the Services, you agree to be bound by these Terms.
- You must be 13 years or older to use the Services.
- You are responsible for any activity that occurs under your account.
- You are responsible for keeping your password or relevant login credentials secure.
- You must not abuse, harass, threaten, impersonate or intimidate other NCM users.
- You may not use the NCM service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, account, graphics, photos, profiles, links (“Content”) that you submit, post, and display on the NCM Services.
- You must not modify, adapt or hack NCM or modify another website so as to falsely imply that it is associated with NCM.
- You must not access NCM’s private API by any other means other than the NCM application itself.
- You must not crawl, scrape, or otherwise cache any content from NCM.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of NCM, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these Terms will result in the termination of your NCM account. While NCM prohibits such conduct and content on its site, you understand and agree that NCM cannot be responsible for the content posted on its websites and you nonetheless may be exposed to such materials and that you use the NCM service at your own risk.
- We reserve the right to modify or terminate the NCM Services for any reason, without notice at any time.
- We reserve the right to alter these Terms at any time, so please review them periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of NCM or the Services after any modification to these Terms will constitute your acceptance of such modification
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Certain Services are provided to you free-of-charge, while other Services require payment. If you wish to purchase Services, you may be asked to supply certain information relevant to your purchase, including credit card information.
Warranty and Disclaimer
You understand and agree that the Services are provided “as is” and “as available,” without express or implied warranty or condition of any kind. You use the Services at your own risk. To the fullest extent permitted by applicable law, NCM makes no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither NCM nor any of its Services Providers warrants that the Services are free of malware or other harmful components. In addition, NCM makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the Services or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that NCM is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the Services. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from NCM shall create any warranty on behalf of NCM in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. This does not affect your statutory rights as a consumer.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to uninstall any NCM software and to stop using the Services. While NCM accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to NCM, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.
To the fullest extent permitted by law, in no event will NCM, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Services, third party applications, or third party application content, regardless of legal theory, without regard to whether NCM has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Services, third party applications, or third party application content more than the amounts paid by you to NCM during the prior twelve months in question, to the extent permissible by applicable law.
Nothing in the Terms removes or limits NCM’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
Other than as stated in this section or as explicitly agreed upon in writing between you and NCM, the Terms constitute all the terms and conditions agreed upon between you and NCM and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Severability and Waiver
Unless as otherwise stated in the Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by NCM or any third party beneficiary to enforce the Terms or any provision thereof shall not waive NCM’s or the applicable third party beneficiary’s right to do so.
NCM may assign the Terms or any part of them, and NCM may delegate any of its obligations under the Terms. You may not assign the Terms or any part of them, nor transfer or sub-license your rights under the Terms, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold NCM harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Terms; (2) any user content; (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party.
These Terms shall be governed by the laws of the State of Illinois, and you and NCM agree that the sole venue for disputes arising from these Terms shall be in the City of Chicago, County of Cook, State of Illinois, and subject to the arbitration provision below.
You and NCM agree that any dispute, claim, or controversy between you and NCM arising in connection with or relating in any way to these Terms or to your relationship with NCM as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) shall be determined by mandatory binding individual arbitration. You further agree to submit yourself to the jurisdiction of any court sitting in the City of Chicago, County of Cook, State of Illinois. Unless the parties mutually agree otherwise, the arbitrations shall be administered by the American Arbitration Association in accordance with their rules. Demand for arbitration shall be made in writing, delivered to the other party to the Terms and filed with the person or entity administering the arbitration. The award rendered by the arbitrator shall be final, and judgment shall be entered upon it in any Court in the City of Chicago, County of Cook, State of Illinois having jurisdiction thereof. And you agree to submit yourself to the personal and subject matter jurisdiction of said court for post-arbitration enforcement. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms.