Kontra Chess Terms & Conditions
Updated: 9th February, 2018
Kontra Chess, a platform operated by KontraChess Zrt. (UEN 201420574Z) a company incorporated and registered at Szent Anna utca 39-41, Debrecen Hungary 4024 (“KontraChess”, “we”, “us” or “our”). We offer a tournament platform where users can compete in various games, competitions and tournaments and use various applications, features, tools and services that we may, at our discretion, make available and provide from time to time (the "Services").
If you do not agree to any part of these Terms then you must immediately stop using this site and the Services.
2. Your Legal Capacity to Use the Services
To use this site or the Services you must be a natural person.
You must also have the legal capacity to enter into contracts and transactions on your own behalf and meet the age of majority in your state, country or jurisdiction. The age of majority is the age after which you are entitled to enter into legally binding obligations and contracts on your own behalf. In Hungary, for example, the age of majority is 18 years.
3. Limited, Non-Commercial License to Use the Site and Services
We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Services or this site does not convey or imply the right to use the Services or this site in combination with any other information or products.
You may not sub-license your rights hereunder to a third party or use the Services in any manner not expressly permitted by KontraChess, and this license does not extend to any manual or automatic collection, aggregation, copying, duplication, display or derivative use of the Services (or any information or content on this site), nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by KontraChess. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Sites.
4. Proprietary Materials
The Services contain material of KontraChess and others including, without limitation, KontraChess’s licensees, that are protected by intellectual property right laws such as copyright material, trademarks, knowhow, business methods, databases and proprietary information (collectively, “Proprietary Material”), which may include, but is not limited to text, software, photos, video, graphics, images, data, music and sound.
You agree not to modify, adapt, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from KontraChess.
You agree that you will not participate in or assist any third party to do any act or omission that may compromise or have a negative impact on the value of, or the ability of KontraChess or its licensees to assert their rights in or over, the Proprietary Material.
5. Conditions of Access To Your Account
Some aspects of the Services may require account registration and login. You hereby represent and warrant that the information you provide when you create an account are true and accurate and belong and relate to you and not another person or entity. You are solely responsible for protecting the confidentiality of your account identification and/or password and for all use of your accounts, whether authorized by you or not. You may not allow another person to use your account for any purpose or reason whatsoever.
You must immediately notify us if you believe that the security of your account has been compromised in any manner.
6. User Code of Conduct
You are required to conduct yourself in a lawful, ethical and respectful manner as a condition for you to use Services and this site,. We reserve the right to, at our sole and absolute discretion, ban or suspend any user who violates this code of conduct, or who behaves in any abusive, undesirable or anti-social manner. When using the Services and this site you agree that you:
May not use, publish or upload obscene, lewd, slanderous, defamatory, pornographic, abusive, violent, insulting, indecent, inflammatory, threatening or harassing language of any kind, as determined by us in our sole discretion.
May not behave in any manner that is insensitive or discriminatory towards any person or any group of people including any social, ethnic, religious or racial group or nationality, or that promotes intolerance, violence, discrimination or hatred towards any person or any group of persons.
May not impersonate another person or user.
Will not abuse, stalk or bully another user.
Will not share personal information (such as your name, phone number, bank account details, location or address) with other users.
May not upload, distribute, or otherwise publish any content, information, or other material that violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, confidential information or other proprietary rights of any person.
Will treat all of your posts, or your online behaviour as if they are being made in public and will not do or say online anything you would not do or say in person.
Will not attempt to participate in any Services by means of automatic, macro, programmed, or similar methods.
Will not use the site or the Services for the purpose of committing any illegal or unethical activity or fraud such as money laundering, or to cheat or defraud or attempt to cheat or defraud any other user, whether for financial gain or not.
Will not deploy or transmit any viruses, worms, trap doors, spyware, trojan horses or other types of harmful code when using this site or the Services.
Will not use this site or the Services for the commercial benefit of any person or entity.
7. Your Representations and Warranties
8. Payment Terms
Prices displayed for all and any goods or services excludes any applicable taxes, unless expressly stated otherwise. To the extent permissible under applicable laws, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase any goods or services, you agree to pay the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees. KontraChess has no liability for overdraft or other fees that you may incur as a result of the processing of your payment by our third party payment processor, or your bank or credit card company.
To purchase any goods or services from KontraChess, you will be taken away from this site and directed to the payment gateway we use, through which you will provide your credit card or other payment information, so that it may be passed to our third party payment processor for payment. Your payments are subject to the terms and conditions and privacy policies of such third parties. KontraChess will have no access to your credit card or account numbers and information when you make a payment online and KontraChess and its affiliates, officers, directors and employees, disclaim all liability in connection with any third party's use or misuse of same.
All fees and charges are non-refundable.
Any prizes that you may have won in any game, tournament or competition, is subject to proof, at our request if we choose to do so, that you are or were eligible to participate in the relevant game, tournament or competition. You agree that we are entitled to withhold any prizes if you are not able to produce proof of eligibility. If you receive a prize in error, we may reverse or require return of the prize. You also agree that we may investigate any user, including you, for any alleged cheating, fraud or impropriety and that we may do so whether or not we have evidence to suspect the same, and that we may also conduct such as investigation for the purpose of a random audit. You agree to cooperate with us in our efforts to do this.
We may from time to time offer technical support at our discretion. You acknowledge that if you refuse or take steps to prevent such support, the Services may not work or may not work as intended. You agree that to provide such support we may remotely access your personal computer, mobile phone or any other device used to access the Services ("Device"). You also agree that we may update software or deploy patches, updates, and modifications to the software, via remote access of your Device, with or without notification to you.
12. User Generated Content
By uploading files, posting messages or other content, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or using the Services, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise share and/or use any such Communications. You hereby grant to KontraChess a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against KontraChess for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the Communications.
You acknowledge and agree that we may edit, refuse to post or remove any information or materials that you submit to us, in our sole discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. We may, but shall not be obliged to, remove or edit any of your submissions or content for any reason. You agree that submissions or opinions expressed by users are that of the individual expressing such submission or opinion and agree to indemnify us and hold us harmless from any submissions made by yourself or any other user.
KontraChess has no obligation to monitor the Services or any portion thereof. However, KontraChess reserves the right to monitor and review the Services, any user generated content and user activity on this Site and the Services and remove, delete, redact or otherwise modify user content or block or terminate user access to this site and the Services, in its sole discretion, at any time and from time to time, without notice or further obligation to you. KontraChess has no obligation to display or post any user content. KontraChess shall have no liability in connection with any user content submitted to, transmitted via, or displayed or posted on or through the Service.
16. Right to Modify or Block Access to This Site or the Services
KontraChess may at any time, without notice or liability, change, suspend or eliminate any content or feature of this site or the Services, or restrict the use of the whole or any portion of the same by you or any other user, for any reason or no reason. User’s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of this site or the Service.
18. No Warranties
THE SERVICES ARE PROVIDED “AS IS” AND KONTRACHESS HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
KONTRACHESS DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ANY APPLICABLE LAW WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. KONTRACHESS EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, NON-INFRINGEMENT, AND ANY LIABILITY IN CONNECTION WITH YOUR PROVISION OF YOUR CREDIT CARD OR ACCOUNT INFORMATION.
YOU USE THE SITE AND SERVICES ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY'S USE OR THE INABILITY TO USE THIS SITE OR SERVICES, AND/OR THIS SITE OR SERVICES’ CONTENT.
IF YOUR USE OF THIS SITE OR SERVICES RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KONTRACHESS OR ITS AGENTS OR EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. Limitations on Liability
KONTRACHESS AND ITS THIRD PARTIES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THIS SITE OR THE SERVICES. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, DATA, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT SHALL KONTRACHESS, OR ITS THIRD PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE OR THE SERVICES, EVEN IF KONTRACHESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
20. Governing Law and Arbitration
Any failure by KontraChess to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by KontraChess of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
24. Entire Agreement
© 2018 KontraChess Zrt. All Rights Reserved.