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Terms of Service

 

 

1. General

Welcome to the Arbor Chess website. As part of our service, Arbor Chess agrees to provide you with information and other computer services subject to the terms of this Terms of Service agreement. Upon notice published through the service, Arbor Chess may amend or modify these Terms of Service at any time. You agree to use the service in accordance with the Terms of Service.

2. Rights

This site is owned and operated by Arbor Chess and contains material which is derived in whole or in part from Arbor Chess and other sources and is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

3. License

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Arbor Chess a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

4. Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall Arbor Chess be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Arbor Chess materials. You specifically acknowledge and agree that Arbor Chess is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Arbor Chess material, or with any of the Arbor Chess terms and conditions, your sole and exclusive remedy is to discontinue using Arbor Chess. In addition, Arbor Chess may notify you of the availability for you to purchase different types of products and services online that are provided by third parties. Arbor Chess is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. You release Arbor Chess from any damages that you incur, and agree not to assert any claims against it, arising from your use of these products or services.

5. Bulletin boards, Forums, Discussion Groups and Chat Rooms

This service may include bulletin boards, forums, discussion groups and/ or chat rooms (“bulletin boards”) which allow feedback to Arbor Chess and/or real-time interaction between users. Arbor Chess does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this Web site that you do not:

Restrict or inhibit any other user from using and enjoying the bulletin boards.

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

Post or transmit any information, software or other material which contains a virus or other harmful component.

Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

You understand that Arbor Chess has no obligation to monitor the bulletin boards. However, Arbor Chess reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Arbor Chess’s sole discretion are objectionable or in violation of these terms and conditions.

6. Privacy

Unless the user informs us otherwise, Arbor Chess reserves the right to use and to disclose to third party vendors user information (e.g. user name and e-mail address) for purposes such as providing users with information about products and services. If the user does not wish to be included in such uses, the user must send an e-mail or a letter requesting to be taken off any lists of information that may be used for these purposes or given or sold to third party vendors.

Arbor Chess uses Google’s analytics software to track the amount of visitors to the website as well as collect information such as what pages are visited, the browser configuration & location of the visitor. The software places a small ‘cookie’ on the users computer. The cookie contains only a unique visitor id, no private information such as name or phone number, and is only used to track visitors while they are on www.ArborChess.com.

Personal information such as Names, Phone Numbers and Email are only collected from user submitted forms such as online registration.

7. Disclaimer

Arbor Chess has provided links and pointers to Internet sites maintained by third parties. Arbor Chess does not operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Arbor Chess disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Arbor Chess does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Arbor Chess does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Arbor Chess) assume the entire cost of all necessary maintenance, repair or correction.

8. Termination

This agreement is effective until terminated by Arbor Chess, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

9. Other

This Terms of Service Agreement constitutes the entire agreement between Arbor Chess and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral.

Arbor Chess may amend or modify this Terms of Service Agreement or impose new conditions at any time. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on Arbor Chess. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions. This agreement shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Use of this site signifies your agreement to the Terms of Service above updated March 2021. Please send your comments or questions to us at raygarrison@arborchess.com

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