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Terms of use:

THE AGREEMENT: The use of this website and services on this website provided by Myfirstchessclub (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

DEFINITIONS

“Agreement” denotes to this Terms of use and the Privacy Policy and other documents provided to you by the Website.

We”, “us” and “our” are references to MYFIRSTCHESSCLUB.COM.

User”, “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.

Website” shall mean and include myfirstchessclub.com and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS OF USE THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

  • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
  • LIMITATIONS OF OUR LIABILITY TO YOU; AND
  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MYFIRSTCHESSCLUB.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Myfirstchessclub’s Services under the laws and statutes of the United States or other applicable jurisdiction.

You will be solely responsible for maintaining the confidentiality and use of your password, and agree not to transfer your use of, or access to, the Service to any third party. You are fully and solely responsible for all activities that occur through your account. You may only use your account to access the Service, and any use of another’s user’s account may lead to revocation of your account. We cannot and will not be liable for any loss and/or damage resulting from any use of your account which is unauthorized. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to simultaneously reset your password.

Schools Responsibilities

If you are a school or a representative of a school (e.g., a teacher) and wish to use the Service for the benefit of your students, please ensure that you follow the following guidelines and instructions:

  • You are responsible for opening and maintaining your students' accounts. We strongly advise against using personal information about your students (e.g., full name, id number, or phone number) when creating their accounts.
  • By submitting information to Myfirstchessclub, you expressly grant, and represent and warrant that you have all necessary rights to grant, to us a non-exclusive, royalty-free, worldwide license, for the duration of these Terms, to use, transmit, distribute, modify, reproduce, display, create derivative works of, and store the student's data (and all User Content), as detailed in these Terms, and specifically for the purposes of I providing the Service as contemplated by these Terms.
  • Pursuant to the Children’s Online Privacy and Protection Act (“COPPA”) we are required to obtain clear and verifiable parental consent before receiving personal information from children under 13. Because Myfirstchessclub provides the Service to you, for the benefit of your students, we rely on you to obtain and provide appropriate consent, if needed, to collect student information. You hereby represent and warrant that you have the full authority and rights to provide such consent to collect information from your students before allowing students under 13 to access the Service, and that you have provided appropriate disclosure to students and their parents for sharing the student's information with us. When obtaining such consents, you must provide parents with a copy of these Terms and of our website's privacy policy. You must keep all consents on file and provide them to us upon request.

If you are under the age of 13, we may require your parents or legal guardian's consent before allowing you to use the Service. Additionally, you may be unable to register for the Website and/or use all of the Service's features.

Nonexclusive License to the Service

Subject to and conditioned upon your acceptance of these Terms and your ongoing compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service solely for your own personal use.

Your license of use of and access to the Service is conditioned upon your compliance with these Terms, including without limitation, the following Rules of Conduct.

Rules of Conduct

You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including, but not limited to, copyright and privacy laws). You are solely responsible for all activities that relate to your account. Without derogating of the above, you may not use the Service in connection with any content (“Account Content”) that is illegal (in any applicable jurisdiction) or may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, moral right, or other intellectual or proprietary right of any party. We may terminate your access to and use of the Service immediately if you fail to comply with the above rules.

You will not, nor will you allow any third party to: (i) copy, distribute, modify, adapt, translate or otherwise create derivative works of the Service in any medium; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service, or the software used by us to operate the Service; (iii) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Service; (iv) remove any proprietary notices or labels on the placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service. You will use the Service solely for your own internal use and will not make the Service available for time sharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Service. The license will expire immediately upon failure to comply with these Terms. Upon such expiration, you must destroy all originals and copies of the content and so certify in writing to us within 5 business days of termination and cease any further use of the Service.

PAYMENTS, TAXES, AND REFUNDS

You can get content and services for free or pay for them (a "Transaction"). An electronic contract between you and Myfirstchessclub, or the entity that provides content or services, governs each Transaction. In addition to any applicable taxes, Myfirstchessclub will charge your chosen payment method (credit card, debit card, or other method). When you update your payment information, we will try to charge your payment method again if we are unable to charge it due to the payment method's expiration or insufficient funds. If your financial institution provides it, Myfirstchessclub may update your payment method information to comply with local law. Otherwise, all transactions are final. Prices for content and services can change at any time. Any content or service that is not delivered due to technical difficulties will be replaced or refunded at Myfirstchessclub's sole discretion. Myfirstchessclub reserves the right to deny a refund request if we discover evidence of fraud, refund abuse, or other manipulative behavior.

PRIVACY POLICY

The Myfirstchessclub Online Privacy Policy (https://myfirstchessclub.com/privacy.html) protects every member's registration data and personal information. As a member, you agree to the collection and use of your personal information by Myfirstchessclub and/or its subsidiaries and affiliates in the United States and/or other countries.

DMCA Policy

Myfirstchessclub respects the intellectual property rights of others and expects you to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our designated copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA) (such act may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. Upon receipt of such notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the web site or any Service. For your complaint to be valid under the DMCA, you must provide us with the following information when providing notice of the claimed copyright infringement:

  • Identify the copyrighted work that you claim has been infringed (or a preventative list of the copyrighted works - if multiple copyrighted works are the subject matter of such notice).
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that is to be removed.
  • Include the following statements:
  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
  • "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  • Provide your full legal name and your electronic or physical signature. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Myfirstchessclub against you, the DMCA permits you to send Myfirstchessclub a counter- notice. If a counter-notice is received by Myfirstchessclub, we may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against Myfirstchessclub or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

All claims of copyright infringement for the Site should be addressed to: [email protected]

PROPRIETARY RIGHTS

Accept that the Services and any essential software (such as chesslang.com) used in connection with the Services (the “Software”) contain proprietary and confidential information protected by applicable intellectual property laws.

The content of any advertisements or information presented by or through our Services or advertisers may be protected by copyrights, trademarks, or other proprietary rights and laws. You agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform or create any plagiaristic works based on Myfirstchessclub Services (e.g., Content), except as expressly permitted by law or as authorized by Me or the applicable Licensor.

Myfirstchessclub herein grants you non-exclusive, non-transferable rights to use the object code or our Software on a single computer, if you do not copy, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any rights in or to our Software. You also agree not to modify the Software in any way, shape, or form, and not to use any modified versions of the Software, including and without limitation, for unauthorized access to our Services. Finally, you agree not to access or attempt to access our Services through any means other than the interface provided by Myfirstchessclub.

USER CONTENT

Content Responsibility.
The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

  • contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
  • violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
  • uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
  • Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

USER OBLIGATIONS

As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of myfirstchessclub.com.

  • You further agree not to use the Website or Services:
  • To harass, abuse, or threaten others or otherwise violate any person's legal rights.
  • To violate any of our intellectual property rights or any third party.
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
  • To perpetrate any fraud.
  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
  • To publish or distribute any obscene or defamatory material.
  • To publish or distribute any material that incites violence, hate, or discrimination towards any group.
  • To unlawfully gather information about others.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Myfirstchessclub, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

  • To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.
  • If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Myfirstchessclub and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Myfirstchessclub. Myfirstchessclub reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Myfirstchessclub in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the myfirstchessclub.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Myfirstchessclub, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, you agree to abide by all local rules governing acceptable online behavior and content. Software, technology, and other technical data may be subject to US and international export and import laws. The Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear data.html) as well as the US sanctions control program (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx) are among the export and import laws, statutes, and regulations that you agree to follow when using our network. You also state and swear that you:

  • they are not listed on any government export exclusion report, and they are not a member of any other government that is listed as an export-prohibited country under applicable export and import laws and regulations.
  • agree not to use our network services to export any software, technology, or other technical data.
  • By using our website network services to manufacture military, nuclear, missile, chemical, or biological weapons, you are violating US export laws; and by posting, transferring, or uploading software, technology, or other technical data, you are violating US or other applicable export or import laws.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

SEVERABILITY

If any provision of these Terms of use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of use, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at [email protected]

Myfirstchessclub
United States

This document was last updated on December 25, 2021