TERMS AND CONDITIONS OF USE
Welcome to VELOCITY CHESS!
VELOCITY CHESS supports freedom of speech, both on and off the Internet. However, the goal of this website is to provide you with access to the largest group of caregivers possible. To ensure a safe, nonoffensive environment for all of our users, we have established these Terms and Conditions of Use, spelling out what you can expect from us and what we expect from you.
By becoming a Player of VELOCITY CHESS, and by accessing any areas of VELOCITY CHESS, you agree to be legally bound and to abide by the terms set forth below.
VELOCITY CHESS is owned and operated by Velocity Chess LLC, a Delaware (USA) limited liability company. Any references herein to VELOCITY CHESS shall be deemed to refer to VELOCITY CHESS and/or Velocity Chess LLC, as applicable under the circumstances.
Note to Facebook Users. VELOCITY CHESS products and services are currently available on our Facebook page as well as this website. When purchasing products and services from our Facebook page, and when posting information to or otherwise communicating via your Facebook page or our Facebook page, your activities online are subject to Facebook’s Statement of Rights and Responsibilities, which may contain terms and conditions different from this Service Agreement. Please see Facebook’s Statement of Rights and Responsibilities at http://www.facebook.com/legal/terms for further details.
Disclaimer Regarding Internet Gambling. VELOCITY CHESS is a large and vibrant community of passionate chess players of all levels. We want to make sure that VELOCITY CHESS is a fun place for all of our users, and as such we take great pains to ensure that all activities conducted on VELOCITY CHESS comply with all applicable laws, rules and regulations regarding social games online. In the United States, the federal Unlawful Internet Gambling Enforcement Act of 2006 (the “2006 Act”) prohibits businesses from “knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law." Many states in the United States have similar laws restricting online gambling activities.
Generally, laws prohibiting Internet gambling make a marked distinction between “games of chance” and “games of skill”. While online betting on “games of chance” are generally prohibited, betting on “games of skill” is often permitted. Neither the 2006 Act nor any U.S. gaming law has defined these terms clearly, and there is currently much confusion about whether particular games – such as baseball, poker or chess – are considered “games of skill” or “games of chance” under these laws. We believe that chess is a “game of skill” with few if any elements of chance, and accordingly we have determined to allow limited gambling on chess games being played on VELOCITY CHESS, using a virtual currency we call “vChips” that have no value in the physical world. However, this is a fast-changing and evolving area of the law, with new court cases and administrative pronouncements being handed down almost on a monthly basis. Accordingly, if at any time we are advised by our legal counsel or any governmental authority that any activity being conducted on VELOCITY CHESS violates or is inconsistent with any federal or state law in the United States, we reserve the right to cease conducting that activity immediately and to change these Terms and Conditions of Use, without prior notice to you, and possibly in the middle of a game you are playing on VELOCITY CHESS. In such event any monies being held in any VELOCITY CHESS account relating to that activity or game will be returned as soon as possible to the Player(s) who contributed same, and any Content (as defined below) on VELOCITY CHESS relating to that activity or game will be promptly removed.
WAGERING FOR CASH, PROPERTY OR OTHER BENEFITS THAT HAVE VALUE IN THE PHYSICAL WORLD ON GAMES AND TOURNAMENTS CONDUCTED ON VELOCITY CHESS IS STRICTLY PROHIBITED. If we determine that any Player(s) are wagering on games or tournaments conducted on Velocity Chess for cash, property or other benefits that have value in the physical world, we reserve the right, in our sole discretion and without liability to any such Player(s), (1) to terminate the game or tournament on which such wagering is being conducted, (2) to remove any player(s) making such wagers from such game or tournament, and/or (3) to terminate such Player(s) membership in Velocity Chess. Upon any such termination all vChips in such Player(s)’ accounts will be forfeit, and such Player(s) will be banned from further play on Velocity Chess for a period of one (1) year from termination.
Finally, please note that the placing of bets on chess games being played on VELOCITY CHESS, even using Velocity Chess’ vChips virtual currency, may be prohibited by laws of foreign countries outside the United States. Persons living outside the United States should consult with competent legal counsel before engaging in any activity on VELOCITY CHESS that may involve wagering or the placing of bets on games.
I. TRADEMARKS AND SERVICE MARKS
VELOCITY CHESS is a service mark of Velocity Chess LLC and/or its affiliates. All rights are reserved. These and other VELOCITY CHESS graphics, logos, service marks and trademarks of Velocity Chess LLC and its affiliates may not be used without the prior written consent of Velocity Chess LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on VELOCITY CHESS are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of VELOCITY CHESS is at your sole risk. Neither Velocity Chess LLC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that VELOCITY CHESS will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of VELOCITY CHESS, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through VELOCITY CHESS.
Disclaimer of Warranties. VELOCITY CHESS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT AVAILABLE ON THIS WEBSITE. VELOCITY CHESS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF VELOCITY CHESS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH VELOCITY CHESS WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH VELOCITY CHESS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) VELOCITY CHESS OR THE SERVER(S) THAT MAKE VELOCITY CHESS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VELOCITY CHESS AND ALL CONTENT AND INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY VELOCITY CHESS AND ITS AFFILIATES.
Limitation of Liability. IN NO EVENT SHALL VELOCITY CHESS'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL VELOCITY CHESS OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH VELOCITY CHESS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE VELOCITY CHESS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH VELOCITY CHESS ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF VELOCITY CHESS OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Internet Delays. VELOCITY CHESS'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. VELOCITY CHESS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Links to Third Party Sites. This web site contains links to third party sites. These links are provided for convenience purposes and are not under the control of VELOCITY CHESS. If you choose to link to such third party web sites, VELOCITY CHESS makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. VELOCITY CHESS does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. VELOCITY CHESS disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.
Communications off of VELOCITY CHESS. Registered Players are discouraged from communicating with other Players other than through the VELOCITY CHESS Website. VELOCITY CHESS shall not be liable for any damages that may result from a Player’s reliance upon information or other communications received from another Player or a third party other than through the VELOCITY CHESS Website.
Local Laws and Export Control. This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. You acknowledge and agree that this Website shall not be used, and none of the underlying information, content, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
VELOCITY CHESS and its affiliates make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of any content, information or materials available on VELOCITY CHESS contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
III. LIMITED LICENSE OF WEBSITE SERVICES; PERMITTED USES; RESTRICTIONS ON USE
You are granted a non-exclusive, non-transferable, revocable license to access and use any and all of VELOCITY CHESS’ online gaming and other services on any domain (“Services”) strictly in accordance with these Terms and Conditions of Use, to use the Services solely for internal, personal and non-commercial purposes, and print out discrete information from the Services solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
Your license for access and use of VELOCITY CHESS and all Services and any Content (as defined below) on this website are subject to the following restrictions and prohibitions on use. You may not:
- use any assistive technology, such as a computer program, during chess matches;
- create more than one account without the written approval from a Velocity Chess administrator;
- copy, print (except for the express limited purpose permitted by the preceding paragraph), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom;
- use the Services or any Content obtained from the Services to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription or any other commercial distribution mechanism;
- create compilations or derivative works of any Content from the Services;
- use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, moral right, or property right of VELOCITY CHESS or any third party;
- make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
- remove, decompile, disassemble or reverse engineer any Service software or use any network monitoring or discovery software to determine the Service architecture;
- use any automatic or manual process to harvest information from the Services;
- use the Services for the purpose of gathering information for or transmitting (i) unsolicited commercial e-mail; (ii) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing, and (iii) unsolicited telephone calls, SMS messages, MMS messages or facsimile transmissions;
- use the Services in a manner that violates any law regulating e-mail, facsimile transmissions or telephone solicitations;
- use the Services in a manner that violates any law regulating gambling activities on the Internet; and
- export or re-export the Services in any manner prohibited by these Terms and Conditions of Use and applicable export control laws and regulations of the United States of America.
IV. CONTENT AND COPYRIGHT OWNERSHIP
A. PROPRIETARY RIGHTS
You acknowledge that VELOCITY CHESS contains content, organization of materials, chess fonts, chess piece designs, other design, compilation, magnetic translation, digital conversion, data structures, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted by Velocity Chess LLC as a collective work under the U.S. copyright laws, and Velocity Chess LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section IV(A) above, you may upload to or otherwise distribute on VELOCITY CHESS only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express written authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. Upon becoming aware of any actual or alleged copyright infringement by a third party, VELOCITY CHESS may remove the relevant Content from this Website in its sole discretion and without prior notice to you. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither VELOCITY CHESS, nor its affiliates, nor any of their respective members, managers, officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any submission you may make to this Website.
In compliance with the U.S. Digital Millennium Copyright Act of 1998, as amended, you and other persons can report an infringement to VELOCITY CHESS at the following email address: firstname.lastname@example.org .
C. RESPONSIBILITY FOR THIRD-PARTY CONTENT
VELOCITY CHESS is a distributor and not a publisher of Content supplied by third parties and its registered Players. VELOCITY CHESS has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other registered Player of VELOCITY CHESS, are those of the respective authors or distributors and not of VELOCITY CHESS or its affiliates or any of their respective members, managers, officers, directors, affiliates, employees or agents. Neither VELOCITY CHESS nor its affiliates, nor any of their respective members, managers, officers, directors, employees or agents, nor any third party, including any Provider, or any other registered Player of VELOCITY CHESS, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through VELOCITY CHESS represents the opinions and judgments of the respective Provider, or a registered Player not under contract with VELOCITY CHESS. VELOCITY CHESS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on VELOCITY CHESS by anyone other than authorized VELOCITY CHESS employees. Upon becoming aware of any Content is inaccurate or incomplete, or in violation of these Terms and Conditions of Use in any way, VELOCITY CHESS may remove the relevant Content from this Website in its sole discretion and without prior notice to you. Under no circumstances shall VELOCITY CHESS, or its affiliates, or any of their respective members, managers, officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information or Content obtained through VELOCITY CHESS. It is your responsibility to evaluate the information, opinion, advice, or other Content available through VELOCITY CHESS.
D. OWNERSHIP OF CONTENT AND THIRD-PARTY CONTENT
You and VELOCITY CHESS hereby agree that:
- VELOCITY CHESS alone (and its affiliates, where applicable) shall own all right, title and interest, including all related intellectual property rights such as copyright throughout the world and moral rights, to VELOCITY CHESS’s software and other technology, any Content created by VELOCITY CHESS or posted by VELOCITY CHESS to this Website, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to VELOCITY CHESS, its products and services; and
- You alone shall own all right, title and interest, including all related intellectual property rights such as copyright throughout the world and moral rights, to Content created and/or submitted by you to any portion of this Website, including but not limited to blogs, chat rooms, discussion boards, and other VELOCITY CHESS Social Media (as defined in Section V of these Terms and Conditions of Use);
provided, however, that by submitting Content to any area of this Website, including without limitation any participation in any blogs, chat rooms, discussion boards, and other IWANTSUPPORT Social Media, you automatically grant, or warrant, that the creator and/or owner of such Content has expressly granted VELOCITY CHESS the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content, without compensation of any kind or you or the creator or owner of such Content. You also permit any other registered Player of VELOCITY CHESS to access, store, or reproduce the Content for that Player's personal use. Subject to this grant, the creator and/or owner of Content placed on VELOCITY CHESS retains any and all rights which may exist in such Content.
E. NOTICE AND TAKEDOWN PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT (NOTICE REQUIRED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998, AS AMENDED)
If you believe copyrighted work is available on this Website in a way that constitutes copyright infringement, you may notify the following designated agent of VELOCITY CHESS in writing:
Velocity Chess LLC
Attn: Compliance Department -- Copyright
333 Westchester Avenue
Suite # 206
White Plains, New York 10604
Your written notification (the "Notification") to the above-referenced designated agent must include substantially all of the following:
a. Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of such works;
b. Identification of the allegedly infringing material, together with information reasonably sufficient to permit VELOCITY CHESS to locate such material;
c. Information reasonably sufficient to permit VELOCITY CHESS to contact you, such as your name, address, telephone number and email address;
d. A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;
e. A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and
f. A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.
Upon receipt of a Notification containing substantially all of the foregoing, VELOCITY CHESS will take the following steps:
a. Remove or disable access to the allegedly infringing material;
b. Forward the Notification to the alleged infringer (the "Impacted Party"); and
c. Take reasonable steps to promptly notify the Impacted Party that VELOCITY CHESS has removed or disabled access to the allegedly infringing material.
The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of VELOCITY CHESS. The written counter notification (the "Counter Notification") must include substantially all of the following:
a. Identification of the allegedly infringing material that was removed or disabled by VELOCITY CHESS and the location where the material appeared before it was removed or access to it was disabled;
b. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
c. The Impacted Party's name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which VELOCITY CHESS may be found; and
d. A physical or electronic signature of the Impacted Party.
Upon receipt of a Counter Notification containing substantially all of the foregoing, VELOCITY CHESS will take the following steps:
a. Send you a copy of the Counter Notification;
b. Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and
c. Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification; provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.
VELOCITY CHESS's policy is to terminate the online privileges of individuals who violate the copyrights of others. Use of copyrighted material without the author’s express permission may result in termination of your Membership in VELOCITY CHESS, and may lead to civil and criminal penalties.
V. SOCIAL MEDIA GUIDELINES
1. Policy Purpose: This policy governs interactions by registered Players on VELOCITY CHESS - controlled interactive media available on this Website including, but not limited to, blogs, pages, feeds, channels, and other means of interactive communication (collectively, “VELOCITY CHESS Social Media”). VELOCITY CHESS Social Media are NOT private nor protected sites and can be viewed by members of the public. They should NOT be used to get help about your specific VELOCITY CHESS account. If you wish to speak to someone about your VELOCITY CHESS account or transaction, please call our customer service representatives, who will be happy to help you. You can reach them by emailing email@example.com.
2. Policy Application: This policy applies to all registered Players and other users of VELOCITY CHESS Social Media, including employees and third parties.
3. Posting of Personal, Private and/or Confidential Information Prohibited.
VELOCITY CHESS Social Media is generally available to the public. THE POSTING OF PERSONAL, PRIVATE, AND/OR CONFIDENTIAL INFORMATION, WHETHER IT IS APPLICABLE TO YOU OR ANOTHER PARTY, SUCH AS ADDRESSES, TELEPHONE NUMBERS, ACCOUNT INFORMATION, PASSWORDS, BALANCES, ETC. ON ANY VELOCITY CHESS SOCIAL MEDIA IS STRICTLY PROHIBITED AND YOU AGREE THAT YOU WILL NOT DO SO. VELOCITY CHESS is not responsible for anything that may occur if you post your own or a third party’s personal, private, and/or confidential information to VELOCITY CHESS Social Media. Further, you agree that you are responsible for any damages that may result from your posting any personal, private, and/or confidential information about yourself or a third party. If you have any doubt whether information you are about to post could be confidential, DO NOT POST IT.
4. Discussion Guidelines
We are pleased that you are part of our community and encourage you to participate in the conversation with your own experiences, ideas, suggestions and opinions. To keep the discussion on track and appropriate for everyone, we request that you follow these guidelines.
Your postings must not contain the following:
- Securities/Investor Relations-Related Content. Forward-looking content or comments related to VELOCITY CHESS or other companies which speak to stock price, financial health or outlook, obligations to investors, or other Investor Relations-related responsibilities;
- Confidential Content. Content which discloses any confidential or non-public third party information which you do not have permission and/or authority to disclose;
- Disparaging Content. Content that disparages any person or entity, including VELOCITY CHESS and any entity affiliated with VELOCITY CHESS, and/or any of their respective products or services;
- Commercial Content. Content that purports to market, sell, advertise, promote or otherwise offer for sale, lease or license, goods or services unless approved in advance and in writing by VELOCITY CHESS;
- Health Care Content. Content offering advice on health care matters which can only be given by a doctor, nurse, chiropractor, or other qualified health care provider or practitioner licensed to practice such profession in the state where a recipient resides or has his/her principal place of business – information and Content available on VELOCITY CHESS should not be used to make diagnoses, administer treatment, prescribe medication or order tests.;
- Content Contrary to Law or Public Policy. Content relating to matters, including but not limited to assisted suicide, that are contrary to law, regulation or public policy in any of the United States, Switzerland, or members of the European Union.
- Infringing Content. Content that violates or infringes the rights of any person or entity including, but not limited to, privacy, publicity and/or intellectual property rights, including the copyrights and brand rights of VELOCITY CHESS and/or of third parties;
- Hateful Content. Content that is hateful, tortious, defamatory, slanderous, libelous, or obscene;
- Discriminatory Content. Content that promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Spam. We observe and enforce a zero-tolerance policy for posting sales pitches for outside products or services or posting comments that drive traffic to a third party’s website (including for personal, political or monetary gain).
All decisions regarding whether a posting violates these guidelines will be made by VELOCITY CHESS, in its sole and absolute discretion. VELOCITY CHESS reserves the right to remove any posting, whether created by VELOCITY CHESS, an employee, a registered Player, or a third party, at any time, for any reason, without notice or explanation.
5. Your Representations by Posting
By posting, you are representing that you have the right to post the Content contained in your message and have obtained any necessary permission and clearances.
6. Postings by Third Parties, Including Employees
VELOCITY CHESS does not endorse any comments made by third parties, including its employees, unless they are specifically authorized spokespersons for VELOCITY CHESS.
7. Validation of Assertions Made in Comments
VELOCITY CHESS does not validate assertions or statements made by third parties. All statements and viewpoints expressed in the comments are strictly and solely those of the commenter and do not necessarily represent the viewpoints, positions, strategies or opinions of VELOCITY CHESS, its management or its affiliates.
VI. TOURNAMENT RULES
VELOCITY CHESS will use its best efforts both technologically and through tournament management to host tournaments that run smoothly, fairly and correctly, but will not be responsible for any losses incurred through disconnections, bugs, tournament cancellation or early termination. The following procedures and rules will apply to tournaments and tournament games:
- VELOCITY CHESS reserves the right to cancel a tournament if the Service becomes unavailable. Tournaments will be canceled if less than 75% of the rounds (rounded off to the nearest round) have been fully completed. In such cases players who have paid for entry into the tournament will receive a full refund.
- VELOCITY CHESS reserves the right to end a tournament prematurely if the Service becomes unavailable. In such cases the results from the last fully completed round will be used to determine the final standings in the tournament. If a tournament is ended in such a way the entry fee will be deducted from players and prizes (if any) will be awarded.
- If a player is disconnected or cannot complete his or her game for whatever reason during a round the game will be forfeited (counted as a loss) for that player.
- If a player does not play his or her game during a round they will forfeit the game and be removed from subsequent round for the tournament. A notification will be displayed which the player will have to accept to re-enter the tournament.
- VELOCITY CHESS is aware that there are currently issues which affect game play and may end the game abruptly in an unexpected manner. We are making every effort to solve this as quickly as possible. If you feel that you have suffered a loss because of this you can report the tournament game for review. Please send the date, tournament name round number, both player names and what you experienced to firstname.lastname@example.org within 24 hours of the tournament start time (please include all the required information – we will not review incomplete or late requests). We will refund your tournament entry fee if we find that you lost unfairly.
- Any player caught cheating while a tournament is in progress will immediately be banned from the tournament, and may have their membership in Velocity Chess terminated at our sole discretion. If that player is currently involved in a game he or she will forfeit it. Such a player will not receive any refund for entry fees, vChips or prizes (if any). However, the previous results of this player against any opponents will stand. If a Player’s membership in Velocity Chess is terminated by reason of cheating, all vChips in such Player’s account will be forfeit, and the Player will be banned from further play on Velocity Chess for a period of one (1) year after termination.
- If, after a tournament has been completed, it becomes evident that a player has cheated, any prizes awarded to that player will be reclaimed by VELOCITY CHESS. Such a player may be banned from future tournaments, and may have their membership in Velocity Chess terminated at our sole discretion. However, the previous results of this player against any opponents will stand for the tournament in question. If a Player’s membership in Velocity Chess is terminated by reason of cheating, all vChips in such Player’s account will be forfeit, and the Player will be banned from further play on Velocity Chess for a period of one (1) year after termination.
- If you suspect a player of cheating, please report this immediately to the tournament manager in a private message or e-mail email@example.com (do not make cheat accusations in the tournament chat room). We will refund your tournament entry fee if we find that you played against a cheater and you reported it within 24 hours of the tournament start time.
- Every tournament will be run by a Manager, who will be an employee or agent of Velocity Chess, and who will be prohibited from playing in such tournament. The Manager reserves the right to cancel or change a tournament for whatever reason. However, all best efforts will be made to complete all tournaments successfully.
- A Manager may change results, redo pairings, pause or resume tournaments or otherwise manually intervene in order to address tournament problems at any time.
- The Manager’s decisions are final. Players who feel that the Manager has made incorrect or unfair decisions should the “Report Abuse” link or contact firstname.lastname@example.org.
- For tournaments with substantial prizes the final awarding of winters may be delayed for up to 72 hours to allow us to verify the results and prevent abuse.
- By accepting any prize you allow us to publish your username and tournament data in any media without any compensation or liability to you whatsoever.
VII. RULES REGARDING “VCHIPS”
By registering on Velocity Chess, opening an account and becoming a “Player” on Velocity Chess, your account will be credited with 2,500 vChips, a virtual currency that can only be used on Velocity Chess and has no value in the physical world. You may use your vChips to wager on games and tournaments on Velocity Chess, or redeem them for prizes and other merchandise to be offered in the “Store” section of Velocity Chess. If you lose all of your vChips, you can “refill” your account without charge. If you wish to add vChips to your account before losing them all, Velocity Chess may charge a small fee for the additional vChips.
Purchases of vChips or virtual items sold on our website are purchases of a limited, non-transferable, non-exclusive, revocable license. The license may be terminated immediately if your account is terminated for any reason, in our sole and absolute discretion, or if Velocity Chess discontinues providing the Services or ceases conducting its business generally.
vChips are not redeemable for cash at any time, and have no value in the physical world.
You agree that all purchases of vChips or virtual items sold on Velocity Chess are final. No refunds will be given, except in our sole and absolute discretion. You agree that virtual currency or other virtual items will be forfeited if your account is terminated for any reason, in our sole and absolute discretion, or if Velocity Chess discontinues providing the Services or ceases conducting its business generally. You agree that the purchase of virtual currency or virtual items sold on our website is the purchase of a limited, non-transferable, non-exclusive and revocable license and that you have no property interest in the virtual currency or virtual items.
If you were charged for items you did not purchase, or you did not receive the items you purchased, or if you were charged an incorrect amount, you may request a refund or correction by asking a question via Velocity Chess’s customer service e-mail at email@example.com.
Should you decide to enter a tournament, you can pay the entry fee in vChips and Velocity Chess will deduct the appropriate number of vChips from your account accordingly.
Velocity Chess reserves the right to expire a portion of your vChip account balance if no transaction activity is detected on your account for a period of sixty (60) consecutive days. Transaction activity is defined as any action that uses vChips, such as buying an item in the “store” section of our website, playing a wagering game or entering a non-free tournament. We will use our best efforts to notify you of transaction activity via e-mail before expiring or deducting vChips from your account.
Upon determining that there has been no transaction activity in your account for a period of sixty (60) consecutive days, every thirty (30) days thereafter we will deduct 10% of your vChips, without regard to how you obtained them, on a straight line basis (i.e. the same amount every 30 days if you continue to stay inactive). Deductions will be made first to free vChips, then to vChips you have purchased.
To avoid expiration or deduction of your vChips, all you have to do is log in to Velocity Chess and use any of your vChips. You can buy an item in the “store” section of our website, play a wagering game or enter a tournament. When you use your vChips, we will stop making further deductions of vChips from your account, but you will not be entitled to restoration of any vChips that have been previously deducted from your account under this section VII.
VIII. TERM OF AGREEMENT; TERMINATION OF YOUR MEMBERSHIP PRIVILEGES
These Terms and Conditions of Use constitute a binding legal contract between you and VELOCITY CHESS, and shall be effective immediately upon your registration as a Player of VELOCITY CHESS, and will continue for a period of one (1) year (the “Initial Term”). Upon the expiration of the Initial Term, these Terms and Conditions of Use will automatically renew for successive renewal terms equal in duration to the Initial Term at VELOCITY CHESS's then current fees. In addition to any other rights granted to VELOCITY CHESS herein, VELOCITY CHESS reserves the right to suspend or terminate these Terms and Conditions of Use and your access to this Website if your account becomes delinquent (falls into arrears). VELOCITY CHESS reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to VELOCITY CHESS.
Any breach of your payment obligations or unauthorized use of the VELOCITY CHESS Website will be deemed a material breach of these Terms and Conditions of Use. VELOCITY CHESS, in its sole discretion, may terminate your password, account or use of VELOCITY CHESS if you breach or otherwise fail to comply with these Terms and Conditions of Use. In addition, VELOCITY CHESS may terminate a free account at any time in its sole discretion. You agree and acknowledge that VELOCITY CHESS has no obligation to retain any Content posted by you to this Website, and may delete such Content if you have materially breached these Terms and Conditions of Use, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
X. TERMINATION OF USAGE
VELOCITY CHESS may terminate your access, or suspend your access to all or part of VELOCITY CHESS, without notice, for any conduct that VELOCITY CHESS, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another registered Player, a Provider, an affiliate, or VELOCITY CHESS.
XI. USAGE BY CHILDREN UNDER 13
VELOCITY CHESS cannot prohibit minors from visiting this site. VELOCITY CHESS must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
XII. APPLICABLE LAW
This Website is created and controlled by VELOCITY CHESS in the State of New York, U.S.A. As such, the laws of the State of New York, U.S.A. will govern these Terms and Conditions of Use, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York, U.S.A., located in New York City (Manhattan), and of the United States District Court of the Southern District of New York, for any litigation arising out of or relating to use of or purchase made through VELOCITY CHESS (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of New York, U.S.A., and agree not to plead or claim in any court of the State of New York, U.S.A. that such litigation brought therein has been brought in an inconvenient forum.
XIII. MODIFICATION OF TERMS
VELOCITY CHESS may update these Terms and Conditions of Use. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your VELOCITY CHESS account or by placing a prominent notice on our Website. You are responsible for regularly reviewing these Terms and Conditions of Use. Continued use of VELOCITY CHESS after any such changes shall constitute your irrevocable and unconditional consent to such changes.
VELOCITY CHESS may give notice by means of a general notice on VELOCITY CHESS, electronic mail to your e-mail address on record in VELOCITY CHESS's account information, or by written communication sent by first class mail or pre-paid post to your address on record in VELOCITY CHESS's records relating to registered Players. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and VELOCITY CHESS as a result of these Terms and Conditions of Use or use of this Website. The failure of VELOCITY CHESS to enforce any right or provision in these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VELOCITY CHESS in writing. These Terms and Conditions of Use, together with any applicable policies, comprise the entire agreement between you and VELOCITY CHESS and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.